Case: P. RANJITHARAJ Vs. THE STATE OF TAMIL NADU &amp; ORS

4. The indisputed facts manifest from the record are that 53 vacancies of Assistant Public Prosecutor Grade II (hereinafter referred to as APP Grade II) came to be advertised by the Tamil Nadu Public Service Commission (hereinafter referred to as the Commission) by advertisement dated 9th November, 2001. After undertaking the process for selection, the final select list was sent by the Commission to the State Government, pursuant to which 51 persons, including those who are lower in order of merit to the appellants herein, were appointed on the post of APP Grade II by the Government by order dated 24th September, 2002.5. So far as the present appellants are concerned, their names at the given point of time were withheld for want of further verification and clearance from the Commission. The Commission on verification granted clearance to both the appellants and intimated to the State Government by its communication dated 3rd September, 2002 (much before the appointments made by order dated 24th September, 2002). Despite all the formalities being completed, without any reasonable cause or justification, the State Government withheld the appointments of the appellants and finally both the appellants were appointed on the post of APP Grade II on 23rd August, 2005 and 23rd April, 2004 respectively.6. In the meanwhile vide notification dated 6th August, 2003, an amendment was made under the Tamil Nadu Pension Rules, 1978 which came into force w.e.f. 1st April, 2003 and following proviso was added to Rule 2 :Provided that these rules shall not apply to Government Servants appointed on or after 1st April, 2003, to services and posts in connection with the affairs of the State which are borne on pensionable establishments, whether temporary or permanent.7. Accordingly, the State Government introduced a new Contributory Pension Scheme applicable to the Tamil Nadu State Government employees who are recruited on or after 1st April, 2003.

Reasoning: 11. After we have heard counsel for the parties and with their assistance perused the material available on record, in our considered view, the premise on which the High Court has proceeded is not sustainable for the reason that the appellants along with other applicants had participated in the self--same selection process pursuant to advertisement dated 9th September, 2001 held for the post of APP Grade II and verification was made by the Commission in the case of the present appellants on 3rd September, 2002.12. In the given circumstances, when those who are lower in order of merit to the appellants were appointed by an order dated 24th September, 2002, the appellants have no right of say in the matter of appointment and no justification has been tendered by the State respondent as to why their names were withheld for two/three years, when their names were cleared by the Commission on 3rd September, 2002 and sent to the State Government and finally appointments were made of the appellants on 23rd August, 2005 and 23rd April, 2004 respectively and the delay indeed in making appointments in the case of the present appellants in no manner could be attributable to them.13. In the given circumstances, when all other candidates who had participated along with the appellants pursuant to advertisement dated 9th November, 2001, on the recommendations made by the Commission were appointed on 24th September, 2002 including those who are lower in the order of merit, there appears no reason for withholding the names of the present appellants and merely because they were appointed at a later point of time, would not deprive them from claiming to become a member of Tamil Nadu Pen- sion Rules, 1978, which is applicable to the employees who were appointed on or before 1st April, 2003.