BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13/06/2011
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
Writ Petition (MD) No.7203 of 2006
M.Thangavelu ... Petitioner
Vs.
1.The District Collector,
Madurai District,
Madurai.
2.The Personal Assistant (Development)
to the District Collector,
Madurai.
3.The Director of Rural Development
Office,
Panagal Building,
Saidapet,
Chennai - 15.
4.The Secretary to Government
Rural Development Department,
Fort St. George,
Chennai - 9.
5.S.Kumaravel,
Junior Assistant,
Usilampatti Panchayat,
Madurai District. ... Respondents
Prayer
Petition filed under Article 226 of the Constitution of India praying
for the issuance of a writ of Certiorarified Mandamus, to call for the records
relating to 2nd respondent in his proceedings Na.Ka.No.68337/2001/K3 dated
11.08.2005 and quash the same and to direct the 2nd respondent to promote the
petitioner as Junior Assistant in Panchayat Unions.
!For petitioner ... Mr.P.T.S.Narendravasan
^For respondents ... Mr.D.Muruganantham,
A.G.P. for R1 to R4
Mr.S.Viswalingam for R5
:ORDER
The petitioner joined service as Office Assistant on 01.02.1974 in
Sedapatti panchayat Union. He was promoted as Record Clerk on 19.05.1992.
G.O.No.963 Rural Development and Local Administration Department, dated
28.01.1990, provides that 10% Junior Assistant posts in the department could be
filled up by promotion from the cadre of Record Clerks, if they satisfy the
qualification and other conditions prescribed in the Rules.
2.The qualification prescribed as per the rules is a pass in S.S.L.C. The
petitioner passed S.S.L.C. in 1986. While so, pursuant to the demands made by
the Office Assistants, Rural Welfare woman organizers and night watchmen to
consider them also for promotion to the post of Junior Assistants, G.O.No.189,
Rural Development and Local Administration Department, dated 10.06.1997, was
issued providing the Office Assistants, Rural Welfare Woman organizers and night
watchmen also to be considered for promotion to the post of Junior Assistants in
the 10% quota besides the Record Clerks,.
3.The 5th respondent joined as Office Assistant on 01.04.1991 in Madurai
West Panchayat Union. Based on G.O.Ms.No.189, dated 10.06.1997, the 5th
respondent was promoted as Junior Assistant on 11.08.2005 along with 7 others,
who belong to different categories. That is, in total, 8 persons were promoted
to the post of Junior Assistants in 10% quota, but the petitioner was not one
among them. 3 Record Clerks, 2 Rural Welfare woman organizers and 3 Office
Assistants were promoted. The 5th respondent is one among the 3 Office
Assistants, who were promoted in Madurai District as Junior Assistants. 2
Office Assistants, who were promoted as Junior Assistants were from the
Department. The petitioner has filed the present writ petition, challenging the
promotion of the 5th respondent as Junior Assistant as he was from the Panchayat
Union.
4.The Respondents filed counter affidavit.
5.Heard both sides. I have considered the submissions made on either
side.
6.After the issuance of G.O.No.189, dated 10.06.1997 referred to above,
the seniority list of different categories viz., Record Clerks, Rural Welfare
Woman Organizers, Office Assistants and night watchmen were prepared separately.
In the list relating to Record Clerks, the petitioner’s rank is at Sl.No.9. In
the list of Office Assistants, the 5th respondent’s rank is at Sl.No.17. The
two other office assistants viz., Subbauram and Pandiyan belong to the
department and they joined as Office Assistants on 11.12.1985 and 21.12.1990
respectively, i.e. they have also joined in the post of Office Assistants
subsequent to the joining date of petitioner as Office Assistant. But the
petitioner was not considered for promotion to the post of Junior Assistant
since his service in the cadre of Office Assistant was totally ignored/excluded.
Record Clerks are directly appointed and also promoted from Office Assistants.
If an Office Assistant is promoted to the post of Record Clerk, then he should
also be included in the list of Office Assistant for the purpose of promotion to
the post of Junior Assistant, otherwise, all juniors, who were not promoted as
Record Clerk, would be promoted as Junior Assistants and a senior person could
not get promotion. Thus, the method adopted by the respondents ignoring the
service rendered by the petitioner as Office Assistant is highly arbitrary and
violative of the Art.14 of the Constitution of India,. In fact, as stated
above, the post of Record Clerk alone formed the feeder category initially.
Later, others also were included in the feeder category. But this should not go
against the senior persons. The Record Clerks, who are promoted from Office
Assistants, would be considered for promotion to the post of Junior Assistant,
taking into account their service as Office Assistant.
7.It is not in dispute that the petitioner is qualified to hold the post
of Junior Assistant. He has also been shown in the list of Record Clerks. But,
he was not considered on the ground that while three persons were from the post
of Record Clerks, he did not come within those 3 persons as those three persons
are seniors in the category of Record Clerk. On the other hand, his juniors in
the category of Office Assistants were promoted to the post of Junior Assistant,
which is not fair.
8.In the normal course, this Court could have set aside the promotion of
the 5th respondent. Considering the facts and circumstances, I am not inclined
to do the same as it is stated that the petitioner has reached the age of
superannuation and he has retired from service on 31.08.2008.
9.In these circumstances, instead of quashing the promotion of the 5th
respondent, I hereby direct the respondents 1 to 4 to promote the petitioner
notionally as Junior Assistant, with effect from the date oon which the 5th
respondent was promoted as Junior Assistant and to settle the terminal benefits
pursuant to the revision of pay applicable to the post of Junior Assistant. The
respondents are directed to complete the said exercise within a period of 12
weeks from the date of receipt of a copy of this order.
10.The Writ petition is ordered accordingly. No costs.
arul
To
1.The District Collector,
Madurai District,
Madurai.
2.The Personal Assistant (Development)
to the District Collector,
Madurai.
3.The Director of Rural Development
Office,
Panagal Building,
Saidapet,
Chennai – 15.
4.The Secretary to Government
Rural Development Department,
Fort St. George,
Chennai – 9.