IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-04.2010 CORAM: THE HON'BLE MR.JUSTICE T.RAJA W.P.NO.23570 OF 2006 M.Senthivel ...Petitioner Vs. 1.The Government of Tamil Nadu rep. By the Secretary to Government Revenue Department Fort St.George, Chennai 600 009. 2. The Special Commissioner and Commissioner for Revenue Administration, Chepauk, Chennai 600 005. 3. The District Collector, Tuticorin District. 4. Mr.R.Ramakrishnan 5.Mr.P.Karuppasamy ...Respondents Petition filed under Article 226 of the Constitution of India praying to issue as writ of Certiorarified mandamus calling for the records of the first respondent in G.O.(2D) No.278, dated 15.6.2006 the records of the 2nd respondent in his proceedings Na.Ka.No.Servie 4(4)/71250/2004 dated 17.5.2005 and the records of the 3rd respondent No.O.Mu.4166/04 dated 7.6.2004 and quash the same and consequentially direct the respondents 1 to 3 to forthwith promote the petitioners as Assistant with effect from the date on which the fourth respondent got his promotion as Assistant and consequentially promote the petitioner as Deputy Tahsildar on par with the 5th respondent with all monetary and other attending benefit. For Petitioner : Mr.K.Raja For Respondent No.1 to 3 : Mrs.Malarvizhi Udayakumar Special Government Pleader For Respondents 4 and 5 : No appearance https://hcservices.ecourts.gov.in/hcservices/ O R D E R The petitioner was appointed as Jeep Driver under Clause IV category. Thereafter on 16.9.1992, he was promoted as Junior Assistant. Based on the instruction of the Government that the Jeep Driver should not be promoted as Junior Assistant, the petitioner was reverted back to the post of Jeep Driver by reversion order dated 26.2.1993. Aggrieved by the said order of reversion which was passed without any notice, the petitioner challenged the order of reversion before the Tamil Nadu Administrative Tribunal. The Tribunal by order dated 12.3.2001 set aside the proceedings of the third respondent dated 26.2.1993 and ordered that he shall be deemed to have continued in the post of Junior Assistant from 16.9.1992 onwards and that he shall also be eligible for all consequential service benefits. It is submitted by the learned counsel appearing for the petitioner that the respondent has not challenged the correctness of the order of the Tribunal and the same has become final. On 18.7.2002, his probation was also declared with effect from 9.11.1994. Thereafer, the petitioner gave a representation on 4.10.2004 to the third respondent for sending him for Bhavani Sagar Training and Survey Training. Immediately thereafter, recommendation was also given for sending the petitioner for the said training. He was then given foundational training from 18.9.2001 to 13.11.2001 and also survey training from 4.12.2002 to 7.1.2003. After completing necessary training, the petitioner's name was also included in the list of Assistant in the year 2003 and he also joined duty as Assistant on 3.11.2003. 2. The further case of the petitioner is that according to Tamil Nadu Ministerial Service Rule 34(a), the probation of a candidate should be declared within two years from the date of appointment to the said post. As the petitioner's case was pending before the Tribunal, his probation was not declared within two years from the date of his appointment. After the order passed by the Tribunal, the petitioner's probation was also declared by order dated 18.7.2002 with effect from 19.11.1994. Thereafter, the petitioner has been making representation stating that the fourth respondent herein who is junior to the petitioner in the cadre of Junior Assistant was considered and he got promotion as Assistant on 21.7.1995. Hence, the petitioner preferred representation to the third respondent and the third respondent rejected the claim of the petitioner on the ground that he did not complete the survey training prior to 1995. Against which, the the petitioner preferred appeal to the second respondent and the second respondent also rejected his claim on the ground that he did not complete the Survey training in 1995.The first respondent also rejected the claim of the petitioner and therefore he was not eligible for promotion as Assistant in the year 1995. Hence, the https://hcservices.ecourts.gov.in/hcservices/ petitioner was constrained to file the present writ petition. 3. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader for respondents 1 to 3. 4. Learned counsel for the petitioner has placed two- fold arguments before this Court which are as follows: 5. Firstly, when the petitioner was reverted from the post of Junior Assistant by order dated 26.2.1993 without notice, the petitioner approached the Tribunal and the Tribunal allowed the application filed by the petitioner by order dated 12.3.2001. Admittedly, the respondents had not challenged the correctness of the order and hence the said order has become final. Secondly once the Tribunal has directed the respondent to grant all the consequential benefits to the petitioner, the respondents has not complied with the order passed in O.A.No.1231 of 1993 and hence the same would amount to non-implementation of the order passed by the Tribunal. Therefore, the petitioner has come before this Court for a direction to implement the order passed by the Tribunal. It was also mentioned that in view of the fact that the order passed by the Tribunal has not been implemented, he is entitled to get all the benefits as per the orders of the Tribunal and hence the present writ petition is filed under Article 226 of the Constitution of India. 6. In reply to the same, learned Special Government Pleader appearing for the respondents has submitted that though the petitioner was promoted to the post of Assistant, as claimed by the petitioner, he may not be straightaway promoted to the higher post like Deputy Tahsildar for the reason that as per the existing Tamil nadu Revenue Subordinate Service Rules, he should possess the following eligiblility criteria , viz., 1.Completion of Revenue Inspector period not less than two years. 2.Successful completion of Maintenance Test on survey 3.Completion of Departmental Test 4.Two year service as Assistant. 7. But, in the counter affidavit filed by the respondents, it was also admitted by the respondents that the petitioner has acquired eligibility criteria viz, Sl.No.1 and 2 in the year 2006 itself and it was also specifically mentioned that the petitioner has not completed two years service as Assistant. The counter has not mentioned about the compliance of eligibility criteria Sl.Nos.3 and 4. But, now it is stated that the petitioner has complied with required eligibility mentioned in Sl.No.4 in the year 2008 and Sl.No.3 in the year 2000 itself. In the reply to the counter made by the petitioner, it was stated that the petitioner has complied with all the four qualifications. Admittedly, the fourth criteria viz., two years service as https://hcservices.ecourts.gov.in/hcservices/ Assistant has been acquired by the petitioner in the year 2008 and in so far as eligibility criteria Sl.Nos.1 and 2 are concerned, it is fairly admitted by the respondents in their counter that the petitioner had already fulfilled the said conditions. Further, the third condition was also complied with in the year 2000 itself. Since the petitioner has complied with all the above said four eligible criteria for the promotion of Deputy Tahsildar, this Court is of the opinion that the present writ petition deserves to be allowed. In any event, when the Tribunal has passed the order in the year 2001, i.e. eight years after the reversion order, the petitioner has been promoted as Assistant and then subsequently, he was further promoted as Revenue Inspector. Therefore, acquisition of two years service as Assistant could have been obtained by the petitioner long time back. In this view of this matter, the impugned order passed by the third respondent in O.Mu.4166/04 dated 7-6-2004 as confirmed by the second respondent in his proceedings dated 17.05.2005 and as confirmed by the first respondent in G.O.(2D) No.278 dated 15.6.2006 are quashed and consequently the respondents are directed to implement the order Tribunal by duly promoting the petitioner to the post to which he is entitled to. The writ petition is, therefore allowed. However, there will be no order as to costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar VJY To 1.The Secretary to Government Revenue Department Fort St.George, Chennai 600 009. 2. The Special Commissioner and Commissioner for Revenue Administration, Chepauk, Chennai 600 005. 3. The District Collector, Tuticorin District. + 1 CC to Mr.K.Raja,Advocate,SR.22488 W.P.NO.23570 OF 2006 RJ(CO) EM/9.4.10 https://hcservices.ecourts.gov.in/hcservices/