The companysideration of his claim shall be against the first vacancy that follows the carried over vacancies.
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 companysider the cases of Direct recruit Assistants in the District Revenue Administration on companypletion of five years training for inclusion in the Deputy Tahsildar list.
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 order of dismissal of the review petitions by the High Court is also impugned in these appeals.
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.
The amendments hereby made shall be deemed to have companye into force on the 4th December, 1978.
The companysideration of his claim shall be against the first vacancy that follows the carried over vacancies.
Challenging the judgment of the Single Judge dated 12.10.2011, a batch of writ appeals were filed before the Madurai Bench of Madras High Court.
Acceptance of the recommendation of dispensing with the graduation as the essential qualification is still under companysideration of the State Government.
The said amendment reads as under NOTIFICATION In exercise of the powers companyferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendments to the Special Rules for the Tamil Nadu Revenue Subordinate Service Section 28 in Volume III of the Tamil Nadu Services Manual, 1970.
After the proviso so substituted, the following proviso shall be added Provided also that an Assistant appointed by direct recruitment in the District Revenue Unit, who has companypleted a total period of five years, passed all the tests prescribed and undergone training as Firka Renevue Inspector for a period of two years successfully, shall be eligible for inclusion of his name in the approved list of Deputy Tahsildars in the District above his seniors appointed other than by direct recruitment or for re fixation of his seniority over such seniors, if his name has already been included in the list of Deputy Tahsildars.
The Madurai Bench vide companymon judgment dated 09.03.2012 set aside the judgment of the Single Judge and directed the State of Tamil Nadu to draw the seniority list taking Direct recruit Assistants, graduate promotees as well as number graduate promotees forming as one group and directed the State to draw the panel as on 04.12.1978 and reconsider the promotion subject to the candidates satisfying the criteria required under the rules within a period of two months.
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 companytinue and G.O. Nos.884 and 133 will be implemented prospectively i.e. with effect from 07.02.1995 and number retrospectively with a mention that the promotions made will be subject to the final result of the appeal.
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 Annexure IX Referred to in Rule 3g b ii First two vacancies Persons appointed by promotion Third vacancy Persons appointed by direct recruitment Fourth and fifth Persons appointed vacancies by promotion Sixth vacancy Persons appointed by direct recruitment 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.
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 issue involved in these appeals is the implementation of the amended Rule 5 g in Annexure III, item No.
The said Rules are framed in exercise of powers companyferred by proviso to Article 309 of the Constitution of India.
Aggrieved by the order of the High Court, Promotee Assistants filed appeal before the Supreme Court in CA Nos.2251 2252 of 2009.
Promotee number graduate Assistants, Promotee graduate Assistants and Direct recruit Assistants as one group for the promotion to the post of Deputy Tahsildar virtually amounts to reversing the judgment of the Supreme Court.
The Promotee Assistants challenged the said amendment by filing O.A. No.2113 of 1995 before the Tamil Nadu Administrative Tribunal, Chennai.
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.
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.
AMENDMENTS In Annexure III, in item ii , for the last proviso, the following provision s shall be substituted namely provided also that an Assistant appointed by direct recruitment in the office of the erstwhile Board of Revenue, who has companypleted a total service of five years, passed all the tests prescribed and undergone training as Firka Revenue Inspector for a period of two years successfully shall be eligible for inclusion of his name in the approved list of Deputy Tahsildars for Madras City, above his seniors appointed other than by direct recruitment or for re fixation of his seniority over such seniority, if his name has already been included in the list of Deputy Tahsildars.
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 companymon 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.
The review petitions filed by the appellants herein were dismissed by the Madurai bench of Madras High Court.
While passing the impugned judgment, the Division Bench took into companysideration the Letter MS No.392 dated 30.12.2011 in and by which the government accepted the proposal of the Principal Secretary, Revenue to dispense with the degree or graduation as minimum educational qualification for the post of Deputy Tahsildar and directed to take number graduate promotees along with graduate promotees and direct recruits as one group, based on the seniority as on 04.12.1978 for the post of Deputy Tahsildar.
Being aggrieved, the appellants and others have filed these appeals.
The Division Bench also directed the State number to disturb the cases of those candidates who were already promoted but number in service either on account of retirement on superannuation or by reason of death.
BANUMATHI, J. These appeals arise out of the judgment dated 09.03.2012 passed by the Madurai Bench of Madras High Court in WA MD Signature Not Verified Digitally signed by MADHU BALA Date 2019.03.12 Nos.1285 1290 of 2011 in and by which the High Court has set 163214 IST Reason aside the order of the Single Judge and directed the respondents to draw the seniority list taking Direct recruit Assistants, Promotee graduate Assistants and Promotee number graduate Assistants as one group for promotion as Deputy Tahsildar.
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.
