Under Article 32 of the Constitution Dr. Y. S. Chitale, R. Mohan, P. N. Ramalingam and A. T. Sampath for the Petitioner.
V. Rangam for the Respondent.
The Judgment of the Court was delivered by PATHAK, J. The Tamil Nadu Commercial Taxes Service companysists of a hierarchy of posts.
The service is governed by the Special Rules for the Tamil Nadu Commercial Taxes Service the Special Rules .
The petitioner was number a party to the writ petitions.
The validity of the companybined inter se seniority list was challenged by two writ petitions, Writ Petitions Nos.
The petitioner was shown in the 1966 list at serial No.
On 16th August, 1972 the petitioner was promoted to the post of Commercial Tax Officer.
52 with 25th January, 1967 as the date of companymencement of his probation.
The writ petitions were allowed by the Madras High Court by its judgment dated 16th September, 1975.
Promotion to the next higher category of posts, the Assistant Commissioners, followed.
ORIGINAL JURISDICTION Writ Petition No.
461 of 1979.
Meanwhile, by G.O. Ms. No.
2016 and 2017 of 1972 filed by certain other officers in respect of the ranking from serial number 51 to serial Number 78.
43 of the overall seniority list and 18th August, 1967 was shown as the date of companymencement of his probation.
The petitioner was promoted as Assistant Commissioner on 14th January, 1976 while the second respondent was promoted on 26th August, 1976.
The second respondent was promoted as Commercial Tax Officer on 17th December, 1972.
The seniority list reflected the cyclical order based on rule 2 c of the Special Rules, that is to say, i direct recruit ii transferee recruit iii transferee recruit.
The second respondent was also shown in the 1966 list, at serial No.
4103 dated 9th July, 1973 the Government passed an order numberifying the companybined inter se seniority list of directly recruited Joint Commercial Tax Officers during the years 1964 to 1967 and the transferee Joint Commercial Tax Officers recruited during the years 1964 and 1966 on the basis of the principles set forth in that order.
