IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 28-07-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.28276 of 2006 O.A.No.3257 of 1996 R.Sriram .. Petitioner. Versus 1.The Secretary to Government, Agricultural Department, Fort St. George, Madras-9. 2.Chief Engineer, Agricultural Engineering Department, Nandanam, Madras-35. 3.The Assistant Executive Engineer, Tractor Workshop, Vellore. 4.Parasuraman .. Respondents. Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus to call for the records relating to the proceedings of the Chief Engineer (Agricultural Engineering) Nandanam, Madras-35 in Tu.Pa.3/106477/93, dated 13.7.94, and quash the same and direct the respondents herein to count the continuous services rendered by the applicant from 5.10.1971 to 1.12.1974 by regularising the said services for the purpose of seniority in the cadre of Store Keeper Gr.I and consequently direct the respondents herein to promote the applicant herein as Store Superintendent with effect from the date on which his junior Mr.Parasuraman came to be promoted in terms of entry into the service as Store Keeper Gr.I with all consequential service and monetary benefits. For Petitioner : Mr.K.Rajkumar For Respondents : Mr.T.Seenivasan Additional Government Pleader (R1 to R3) Mr.R.Ganesan (R4) O R D E R
Heard Mr.K.Rajkumar, the learned counsel appearing for the petitioner, Mr.T.Seenivasan the learned counsel appearing for the respondents 1 to 3 and Mr.R.Ganesan, the learned counsel appearing for the fourth respondent.
2. The petitioner has stated that, based on his S.S.L.C. Qualification, he was appointed as a Store Keeper Grade-I in the Agricultural Department, having been sponsored by the employment exchange. He was appointed on 4.10.71, on temporary basis. The petitioner had joined the post, on 5.10.71, in the scale of pay of Rs.200-5-250-10-300. Like the petitioner, a number of other persons had also been appointed in the Agricultural Engineering Department as Store Keeper Grade-I, on temporary basis, under Rule 10(a)(i) of the Tamilnadu State and Subordinate Services Rules. By the proceedings, dated 6.2.74, the petitioner had been transferred and appointed as Bore Well Foreman-cum-Store Keeper, which has equal duties and responsibilities. The scale of pay of the petitioner in the transferred post was fixed at Rs.160-5-240, as the post in which the petitioner had been transferred and appointed carries equal job responsibilities. Later, the petitioner was selected by the Tamilnadu Public Service Commission, after an oral interview. By the proceedings of the first respondent, dated 8.11.74, he was appointed as a Store Keeper Grade-I, in the post which he had held prior to his transfer as a Bore Well Foremen-cum-Store Keeper. The petitioner had joined the post on 2.12.74 and since then he has been holding the post, continuously, without any break, on a regular basis. It is seen from the order of regular appointment given to the petitioner, on 8.11.74, by the Chief Engineer, (Agricultural Engineering), that a number of persons who had held the post as Store Keeper Grade-I, on a temporary basis, were given regular appointment by relaxing the rules relating to age and educational qualifications. Even though they had not been appointed on a regular basis they were given the benefit of the services rendered by them as temporary Store Keepers, under Rule 10(a)(i) of the Tamilnadu State and Subordinate Services Rules. The entire period, from their initial date of appointment had been counted for the purpose of seniority, increments, promotions etc.,
3. The petitioner has further stated that, on 30.12.97, the competent authority had declared the probation of the petitioner as Store Keeper Grade-I, with effect from 2.12.76. However, the three years of continuous service rendered by the petitioner as Store Keeper Grade-I and as a Bore Well Foreman-cum-Storekeeper have not been counted. On 14.12.92, the second respondent had published a seniority list of eligible Store Keepers Grade-I fit for promotion to the cadre of Store Superintendent. The petitioner was shown in Sl.No.20. Whereas certain others who are recruited after the petitioner had been shown as seniors. Therefore, the petitioner had made a representation, on 20.10.93, to the second respondent to regularise his adhoc service from the date of his initial appointment i.e. from 5.10.71 and to count the same for the purpose of seniority and to assign him the appropriate place. However, the second respondent has rejected the request of the petitioner, vide his proceedings, dated 13.7.94. Since the representation of the petitioner had not been considered, the petitioner has filed an original application before the Tamilnadu Administrative Tribunal in O.A.No.3257 of 1996, which has been transferred to this Court and re-numbered as W.P.No.28276 of 2006.
4. In the reply affidavit filed on behalf of the respondents the allegations of the petitioner have been denied. Paragraph-4 of the reply affidavit reads as follows:
“4. Regarding para 6 of the application it is submitted that the applicant was appointed as Store Keeper in the scale of pay of Rs.200-5-250 through the Employment Exchange on temporary basis on 5.10.71 to 6.2.74. He was then transferred as Borewell Foreman-cum-Store Keeper in the scale fo pay of Rs.160-5-240, on 8.2.74. He was then selected by the Tamilnadu Public Service Commission and appointed as Store Keeper, on 2.12.74, on regular basis. The post of Store Keeper which carries the scale of pay Rs.200-5-250-10-300, comes under the Tamilnadu Ministerial Service whereas the Post of Borewell Foreman-cum-Store Keeper (on transfer) which carries the scale of pay of Rs.160-50-240 comes under the Tamilnadu Engineering Subordinate Service. Both the posts are governed by different service Rules. As per instructions issued in Government Letter No.81550/FR.I/91-1, Personnel and Administrative Reforms Department, dated 29.1.92, service in a lower post with the lesser scale of pay cannot be taken into account for the purpose of regularising the services in the officiating post. As such the applicant’s request to take into account of the services rendered by him from 5.10.71 to 1.12.74 before his regular appointment through the Tamilnadu Public Service Commission for the purpose of seniority cannot be complied with.”
5. At this stage of the hearing of the writ petition, the learned counsel for the petitioner had submitted that the Government of Tamilnadu had issued an order in G.O.Ms.No.62, Agriculture (AA3), Department, 13.3.2002, regularising the services of certain persons working in the Agricultural Engineering Department from the date of their initial appointment by relaxing the relevant rules. Therefore, the learned counsel for the petitioner had submitted that since the petitioner is also in a similar position it would be appropriate for the Government to consider regularising his service from his initial date of appointment i.e from 5.10.71, for the purpose of seniority etc.,
6. It is further submitted that it would suffice if this Court directs the first respondent to dispose of the appeal, dated 5.10.1994, preferred by the petitioner, in view of G.O.Ms.No.62, Agriculture (AA3), Department, 13.3.2002, since the said Government order applies to persons, who are in a position similar to that of the petitioner.
7. The learned counsel appearing for the respondents has no objection for this Court passing such an order.
8. In view of the subissions made by the learned counsels appearing on either side, the first respondent is directed to consider the appeal preferred by the petitioner, on 5.10.94, and pass appropriate orders thereon, on merits and in accordance with law, in view of G.O.Ms.No.62, Agriculture (AA3), Department, 13.3.2002, within a period of twelve weeks from the date of receipt of a copy of this order.
Accordingly, the writ petition is disposed of with the above directions. No costs.
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To
1.The Secretary to Government,
Agricultural Department,
Fort St. George, Madras-9.
2.Chief Engineer,
Agricultural Engineering Department,
Nandanam, Madras-35.
3.The Assistant Executive Engineer,
Tractor Workshop,
Vellore