A.Rajagopalan vs Dist.Collector.Thiruchirapalli ...

2. The issue involved in these appeals is the implementation of the amended Rule 5(g) in Annexure-III, item No. (ii) of the Tamil Nadu Revenue Subordinate Service Rules (TNRSS Rules) coupled with the judgment of the Supreme Court in M. Rathinaswami and Others v. State of Tamil Nadu and Others (2009) 5 SCC 625 by which the Supreme Court read down the Rule insofar as the Promotee graduate Assistants and upheld the validity of the Rule to the extent it gives preference to the Direct recruit Assistants over the Promotee non-graduate Assistants. The post of Assistant in Revenue Department is filled up by two sources; one is by direct recruitment through Tamil Nadu Public Service Commission and other is by promotion from the category of Junior Assistants with the minimum qualification of SSLC. The post of Assistant in Revenue Department in the State of Tamil Nadu is governed by the Tamil Nadu Ministerial Service Rules. The said Rules are framed in exercise of powers conferred by 2 proviso to Article 309 of the Constitution of India. As per the original TNRSS Rules, the inter-se seniority of the Direct recruit Assistants in the Districts shall be fixed in the following cyclical order irrespective of the date of their joining of the duty:-

3. The Direct recruit Assistants in Revenue Department submitted representation that they be given preferential treatment in the matter of promotion to the cadre of Deputy Tahsildar without basing their seniority in the Assistant list. In G.O. No.884 dated 12.08.1992, Revenue Department directed the Special Commissioner and Commissioner of Revenue Administration to send necessary draft amendment to the Special Rules to the TNRSS Rules so as to consider the cases of Direct recruit 3 Assistants in the District Revenue Administration on completion of five years training for inclusion in the Deputy Tahsildar list. Accordingly, the Principal Commissioner and Commissioner of Revenue Administration had sent proposals for amendment to Rule 5(g) and Annexure-III to Special Rules for the TNRSS. The State Government approved the draft amendment to Rule 5(g) and Annexure-III Item (ii) to the Special Rules for the TNRSS Rules in G.O. No.133 dated 07.02.1995. The said amendment reads as under:-

4. The Promotee Assistants challenged the said amendment by filing O.A. No.2113 of 1995 before the Tamil Nadu Administrative Tribunal, Chennai. The Tribunal set aside the amendment and the G.O. No.884 dated 12.08.1992 and G.O. No.133 dated 07.02.1995 vide its order dated 26.02.1997. 5 Challenging the order of the Tribunal, the Government of Tamil Nadu filed SLP(C) Nos.1821-1823 of 1999 (C.A.Nos.2727-2729 of 2000) in which the Supreme Court granted interim stay on 16.04.1999. The same was subsequently modified by the order dated 10.04.2000 in which the Supreme Court specifically directed that the stay of reversion shall continue and G.O. Nos.884 and 133 will be implemented prospectively i.e. with effect from 07.02.1995 and not retrospectively with a mention that the promotions made will be subject to the final result of the appeal. Since the SLPs were filed after the decision in L. Chandra Kumar v. Union of India and Others (1997) 3 SCC 261, the Supreme Court by its order dated 13.08.2003 disposed of the appeals filed by the State of Tamil Nadu by giving liberty to the State of Tamil Nadu to approach the High Court. Pursuant to the order of the Supreme Court, the State filed Writ Petition in W.P. Nos.27173-27174 of 2003 before the High Court of Madras challenging the order of the Tribunal dated 26.02.1997. By the common judgment dated 10.09.2005, the High Court set aside the order of the Tribunal dated 26.02.1997 and upheld the G.O. Nos.884 and 133 dated 12.08.1992 and 07.02.1995. 6

18. By wrongly relying on the letter dated 30.12.2011 of the Government, in the impugned judgment, the High Court has held that graduate and non-graduate Promotee Assistants would be considered as one single category along with Assistants and the impugned judgment of the High Court cannot be sustained and is liable to be set aside.

19. In the result, the impugned judgement of the High Court is set aside and these appeals are allowed with the following observations and directions:-

(iii) After 08.04.2009, the promotion to the post of Deputy Tahsildar from its feeder category, i.e., Direct recruit Assistants and Promotee graduate Assistants, shall be strictly in accordance with the judgment of this Court referred above, i.e., treating Promotee graduate Assistants on par with Direct recruit Assistants. Such 19 promotion shall be given effect to, without reference to any interim order(s) passed by the High Court;

(iv) If any panels are prepared, and promotions are given, after 08.04.2009 for promoting the Assistants to the post of Deputy Tahsildars in Tamil Nadu Revenue Subordinate Service contrary to the judgment of this Court dated 08.04.2009, such panels and promotions have to be revised so as to bring in conformity with the judgment of this Court referred above;

(v) By virtue of the judgment of this Court dated 08.04.2009, referred above, Promotee graduate Assistants are placed on par with Direct recruit Assistants. So far as Promotee non-graduate Assistants are concerned, the amended rule holds the field, which gives preferential treatment to Direct recruit Assistants, over Promotee non-graduate Assistants;

(vi) Promotee non-graduate Assistants, who are impleaded as party respondents in these appeals, are not entitled to any directions in their favour, as much as, all these appeals are preferred by Direct recruit Assistants;

(vii) While implementing the above directions, if the seniority and promotion, of the persons who are already retired or dead, is affected in any manner, payments made on account of such seniority and promotion earlier granted to them during the interregnum period, i.e., from 08.04.2009 till this date shall not be recovered.

(viii) So far as Promotee non-graduate Assistants are concerned, it is open for them to pursue with the Government for appropriate amendment to the Rules, in which event we keep it open to Government to consider such request on its own merits.

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