1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).Nos.9506 to 9509 of 2011 P.Mariammal, Deputy Inspector of Local Fund Audit, O/o.Regional Deputy Director of Local Fund Audit, Baskar Complex, Chokkikulam, Madurai-625 002. : Petitioner in W.P.(MD)No.9506/2011 A.Kannadasan, Deputy Inspector of Local Fund Audit, O/o.Inspector of Audit Government Statutory, No.275, Vandikkara Street, Ramanathapuram, Ramanathapuram District. : Petitioner in W.P.(MD)No.9507/2011 M.Muthusamy, Deputy Inspector of Local Fund Audit, (Selection Grade), O/o.Assistant Director of Local Fund Audit, Collector's Office Building Complex, Theni, Theni District : Petitioner in W.P.(MD)No.9508/2011 V.Ramanathan, Deputy Inspector of Local Fund Audit, O/o.Assistant Director of Local Fund Audit, No.19, Natchi Nadar Street, Virudhunagar, Virudhunagar District. : Petitioner in W.P.(MD)No.9509/2011 Vs. 1.The Secretary to Government, Finance Department, Secretariat, Chennai-600 009. 2.The Director of Local Fund Audit, Kuralagam Buildings, 4th Floor, Chennai-600 018. : Respondents in all W.Ps. COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioners' representations dated 06.08.2011 in terms of G.O.Ms.No.392, Finance (Local Fund) Department, dated 12.10.2010 and to promote the petitioners with effect from the date on which the vacancy arose immediately after issue of said Government Order and thereafter, by preparing a temporary panel for https://hcservices.ecourts.gov.in/hcservices/ 2 promotion within the period that may be stipulated by this Court. For Petitioners : Mr.M.Ajmal Khan For Respondents : Mr.B.Pugalenthi Special Government Pleader COMMON ORDER In all these Writ Petitions, the petitioners, working as Deputy Inspectors of Local Fund Audit and due to attain the age of superannuation shortly, have sought for a Mandamus, directing the respondents to consider the representations dated 06.08.2011 submitted individually, in terms of G.O.Ms.No.392, Finance (Local Fund) Department, dated 12.10.2010 and consequently, promote them with effect from the date on which the vacancy arose, by preparing a temporary panel for promotion. 2. Since the pleadings and submission of the learned counsel for the petitioners are one and the same, all the Writ Petitions are disposed of by a common order. 3. It is the case of the petitioners that they are working as Deputy Inspectors of Local Fund Audit. The next avenue of promotion is to the post of Inspector in the department. The qualification prescribed for promotion to the above said post under Rules 4 and 5 of the Special Rules for the Tamil Nadu Local Fund Audit Subordinate Service is that they should have passed the Subordinate Accounts Service Examination (SAS). It is the further case of the petitioners that though they have made sincere efforts to pass the said examination, they could not do so. According to them, the Government have issued orders in G.O.Ms.No.392, Finance (Local Fund) Department, dated 12.10.2010, granting exemption of a pass in Subordinate Accounts Service Examination (SAS), prescribed for appointment to the post of Inspector of Local Fund Audit, to eight Deputy Inspectors, in exercise of the powers under Rule 48 of the General Rules contained in Part II of the Tamil Nadu State and Subordinate Services in Volume I of the Tamil Nadu Services Manual, 1977 and consequently, they were also promoted. As the petitioners have crossed the age of 53 years and made five sincere efforts to pass the said examination, the benefit of exemption granted to the above said persons should also be extended to the petitioners. Reliance has also been placed on G.O.Ms.No.234, Finance (Local Fund) Department, dated 09.06.2007, by which, the Government have issued orders exempting Thiru.M.Gurusamy, Deputy Inspector Special Grade from passing the Subordinate Accounts Service Examination (SAS), who, later on, came to be a promoted in Memo Na.Ka.No.Pa & Ne 1(2)/17291/2007, dated 26.06.2007. It is the grievance of the petitioners that though they have made representations dated 06.08.2011 individually, no orders have been passed so far. Hence, they have come forward with the present Writ Petitions for the reliefs stated supra. 4. Considering the limited request, Mr.B.Pugalendhi, learned Special Government Pleader was put on notice and heard. He submitted that the relaxation cannot be claimed as a matter of right. He further submitted that the orders issued by the Government in G.O.Ms.No.234, Finance (Local Fund) Department, dated 09.06.2007 and G.O.Ms.No.392, Finance (Local Fund) Department, dated 12.10.2010, can be made applicable only to those persons mentioned in the said Government Orders. However, https://hcservices.ecourts.gov.in/hcservices/ 3 he submitted that if the representations dated 06.08.2011 of the petitioners are acknowledged and still pending on the file of the first respondent, the same would be considered and appropriate orders would be passed on merits. 5. Heard the learned counsel for the parties and perused the materials available on record. 6. As per the averments made in the supporting affidavits and on perusal of the Government Orders stated above, it is seen that under Rule 5 of the Special Rules for the Tamil Nadu Local Fund Audit Subordinate Service, a pass in Subordinate Accounts Service Examination (SAS) has been prescribed as a condition for promotion to the post of Inspectors of Local Fund Audit Departments and Internal Audit Departments. The Director of Local Fund Audit has sent proposals to the Government for relaxation of the above said rule in favour of Thiru.M.Gurusamy, Deputy Inspector Special Grade and eight other Deputy Inspectors. The Government, after considering the conditions prescribed in G.O.Ms.No.1120, Personnel and Administrative Reforms (Per.M) Department, dated 30.10.1984 and the Government Letter No.9140, Personnel and Administrative Reforms (Per.M) Department, dated 20.11.1989, have accepted the proposals for relaxation of the above said rule in favour of Thiru.M.Gurusamy and eight others and accordingly, issued orders in G.O.Ms.No.234, Finance (Local Fund) Department, dated 09.06.2007 and G.O.Ms.No.392, Finance (Local Fund) Department, dated 12.10.2010. 7. The petitioners have crossed the age of 53 years and made five attempts, to pass Subordinate Accounts Service Examination (SAS) and accordingly, they also claim to have satisfied the conditions prescribed in G.O.Ms.No.1120, Personnel and Administrative Reforms (Per.M) Department, dated 30.10.1984 and the Government letter No.9140, Personnel and Administrative Reforms (Per.M) Department, dated 20.11.1989. However, it is for the Government to consider as to whether the petitioners have satisfied the conditions stated supra and as to whether they are entitled for relaxation of a pass in Subordinate Accounts Service Examination (SAS), which is a pre-requisite for promotion to the post of Inspectors of Local Fund Audit Departments and Internal Audit Departments. Representations enclosed in the typed-set of papers have been addressed to the Secretary to the Government, Finance Department, Secretariat, Chennai and the Director of Local Fund Audit, Chennai. Whether the petitioners are entitled to the benefit of the above said Government Orders is a matter to be considered by the Government. The details of the dates of retirement of the petitioners are given hereunder: Sl.No. Writ Petition No. Name of the petitioner Date of retirement 1 9506/2011 P.Mariammal 31.10.2011 2 9507/2011 A.Kannadasan 31.01.2012 3 9508/2011 M.Muthusamy 31.10.2012 4 9509/2011 V.Ramanathan 31.12.2012 https://hcservices.ecourts.gov.in/hcservices/ 4 (*) 8. As the petitioners are stated to have been retired in 2011-2012 respectively, this Court is of the view that expeditious action is required to be taken. However, the representations have been made only recently on 06.08.2011. Considering the fact that the Government have also issued orders granting exemption of a pass in Subordinate Accounts Service Examination (SAS), a direction is issued to the Secretary to Government, Finance Department, Secretariat, Chennai, the first respondent herein to pass orders on the representations submitted by the petitioners for promotion to the post of Inspectors of Local Fund Audit Department. 9. Inso far as the Mandamus sought for directing the respondents to promote the petitioners with effect from the date on which the vacancy arose is concerned, it is made clear that only when the petitioners are issued with the orders of exemption, they would be considered as eligible for promotion to the post of Inspectors of Local Fund Audit Department and, therefore, the direction to promote the petitioners with effect from the date on which the vacancy arose cannot be granted. 10. The Writ Petitions stand disposed of in the above terms. No costs. Sd/- Assistant Registrar (Records) (*)Para 8 deleted as per order of this court dt.27.09.2011 and made herein and Substituted para 8 as per the order of this Court dt.27.09.2011 and made herein Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To be substituted for the orders already despatched on 05.09.2011 To 1.The Secretary to Government, Finance Department, Secretariat, Chennai-600 009. 2.The Director of Local Fund Audit, Kuralagam Buildings, 4th Floor, Chennai-600 018. +1cc to Special Government Advocate, SR.No.28841 +4cc to M/s.M.Ajmalkhan, Advocate, SR.Nos.28909 to 28912 SML GH : 19.10.2011 : 4p/8c Common Order made in W.P.(MD).Nos.9506 to 9509 of 2011 Dated:- 23.08.2011 https://hcservices.ecourts.gov.in/hcservices/