The appellant herein is an association of the ministerial staff employed in the Department of Statistics and is representing the Assistants who joined the Department after November 15, 1968.
While these cases were pending before the Tribunal, the State Government passed orders dated January 26, 1989 whereby 79 directly recruited Assistant Statistical Investigators were promoted as Statistical InspectOrs.
After the Constitution of the Tribunal, both these writ petitions stood transferred to the Tribunal and were numbered as T.A. Nos.
239 of 1989 and proceed to dispose of the appeals.
869 dated September 11, 1985 is prospective in nature, Assistant Statistical Investigators who were appointed prior to September 11, 1985 and whose services had been regularised should first be companysidered for promotion to the post of Statistical Inspector and only thereafter the ratio of 8 2 between Assistant Statistical Investigators and Assistants on the ministerial side companyld be applied.
1509 of 1989 and 1595 of 1989 respectively.
3 was dismissed as having become infructuous for the reason that the said applicant had already been promoted as Statistical Inspector and had also joined duty.
869 dated September 11, 1985 and Assistants and other ministerial number technical staff who entered service in the Department of Statistics after November 15, 1968 and who satisfy the requirements of the Rules with regard to eligibility and qualifications are required to be companysidered for recruitment by transfer on the post of Statistical Inspector against the vacancies available for them in accordance with the ratio prescribed for recruitment by transfer from Assistants under Rule 2.
870 dated September 11, 1985 as well as G. O. Ms. No.
G.O. Ms. No.
All the aforementioned three matters were heard together and disposed of by the Tribunal by a companymon order dated April 17, 1990.
870/89 dated September 11, 1985 had already been implemented by the Government.
In pursuance of the said decision, G. O. Ms. No.
655 dated July 1, 1977 and was number introduced by G. O. Ms. No.
869 dated September 11, 1985 in the matter of recruitment by transfer on the post of Statistical Inspector or Assistants who entered service in the Department of Statistics after November 15, 1968 till all the Assistant Statistical Investigators who had been regularly appointed by direct recruitment prior to September 11, 1985 had been promoted as Statistical Inspector.
The ministerial number technical staff companysisted of Supervisors, Clerk, Assistants and Superintendents.
2368/79 was filed by the directly recruited Assistant Statistical Investigators who were aggrieved by the said seniority list.
The Tribunal was of the view that the G. O. Ms. 870 dated November 11, 1985 is operative only from the date of its issue and that respondents Nos.
Supervisors and Clerks in the Department were eligible for appointment by transfer, on the post of Assistant Statistical Investigator provided they possessed a degree in mathematics, statistics or economics.
The Division Bench of the High Court by its order dated February 10, 1988, disposed of the appeal with the following observations It appears that the writ petition filed by the petitioner appellant was clearly intended to safeguard his rights which flow from the judgment of this Court.
Since the aforesaid relaxation was companyfined to ministerial number technical staff who had joined the Department prior to November 15, 1968 and was number available to those who joined thereafter, representations were made by the ministerial number technical staff who joined the Department after November 15, 1968 that there was frustration on account of lack of adequate opportunities for their promotion in the Department.
239/89, the appellant has filed these appeals.
The appellant moved a Writ Petition No.
123 dated October 19,1973 and G. O. Ms. No.
6222/89 filed by the appellant, the Tribunal has held that the said case has also become in fructuous since G. O. Ms. No.
The writ appeal No.
2146 of 1987 had been filed against the order of a learned single Judge dated August 14, 1987 in Writ Miscellaneous Petition No.
655 dated July 1, 1977 were issued whereby necessary amendments were introduced in the Rules.
After examining the possibility of improving their promotional opportunities, the Government decided that companycessions similar to those extended to ministerial number technical staff who were appointed prior to November 15, 1968 may be extended to those who joined the Department after that date and with that end in view, G.O. Ms. Nos.
239/89 filed by the appellant was dismissed by the Tribunal on the ground that the orders issued on January 26, 1989 promoting 79 directly recruited Assistant Statistical Investigators as Statistical Inspectors were perfectly valid and are passed as per the Rules.
Moreover, the said order has numberbearing whatsoever on appointment of Assistants directly on the post of Statistical Inspector.
It appears that respondent No.
870 dated November 11, 1985 had already been implemented by the Government.
869 and 870 dated September 11, 1985 were issued.
Among the technical staff were included Assistant Statistical Investigators, Statistical Inspectors and Research Assistants.
3 in the Madras High Court wherein he had challenged the legality of G. O. Ms. Nos.
The State Government was number justified in proceeding on the basis that since G. O. Ms. No.
The said appointment is governed by the statutory rules companytained in Section 13 of Tamil Nadu General Sub ordinate Service Special Rules hereinafter referred to as the Rules .
T.A. No.
The said writ petition was dismissed by the learned Single Judge.
O. A. No.
4075 of 1987 that was filed by respondent No.
Shri Srinivasan, the learned Counsel for the appellant has urged that the Tribunal was in error in dismissing T.A. No.
3364 dated November 15, 1968 the number Gazetted staff in the said Department were categorised as technical staff and ministerial number technical staff.
6046 of 1987 whereby the learned single Judge had refused to pass any interim order in W. P. No.
4075/ 89 filed by respondent No.
1595/89 arising out of W.P. No.
On appeal, the Division Bench of the Madras High Court quashed the said seniority list.
3, M. Gnanasuriyan, who had been appointed on the post of Assistant Statistical Investigator in the year 1984 by direct recruitment, also filed a Writ Petition No.
6222/87 in the High Court of Madras for the issue of writ of mandamus or other appropriate writ directing respondents Nos.
869 and 870 dated September 11, 1985.
Clerks and Supervisors who did number possess a degree in the said subjects were only eligible for promotion to the post of Assistant and Assistants were eligible for promotion to the post of Superintendent.
As a result of reorganisation of the Department of Statistics vide G. O. Ms. No.
1 and 2 herein to implement G. O. Ms. No.
869 dated September 11, 1985.
1509/89 arising out of W. P. No.
4075/89 in the Madras High Court praying for the issue of writ of declaration or any other appropriate writ, order or direction declaring G. O. Ms. No.
869 dated September 11, 1985 as unconstitutional, null and void.
As regards T.A. No.
They companyld also be transferred to administrative posts in other departments.
1 and 2 have implemented G. O. Ms. Nos.
The ministerial number technical staff of the Department of Statistics represented to the State Government that promotional opportunities may be provided for them in view of their long service in the Department and after companysidering the said representations, the State Government vide G. O. Ms. 2351 dated August 20,1971 decided to permit number graduate Assistants who had been appointed in the Department of Statistics prior to November 15, 1968, to be appointed on the post of Statistical Inspector and number graduate junior assistants and supervisors who had been appointed prior to November 15, 1968 to be appointed to the post of Assistant Statistical Inspector.
2146 of 1987 on which reliance has been placed by the learned Counsel for the respondents.
869 dated September 11, 1985.
1 and 2 had companye to the companyrect companyclusion that all the Assistant Statistical Investigators who had been appointed prior to November 11, 1985 and whose services were regularised should first be companysidered for promotion to the post of Statistical Inspector and only thereafter the ratio of 82 between Assistant Statistical Investigators and the Assistants on the ministerial side should be applied.
1509 of 1989 and O.A. No.
We may number refer to the order of the Division Bench of the High Court dated Febraury 10, 1988 in W. A. No.
869 and 870dated September 11,1985.
C. Agrawal, J. Having heard learned Counsel for the parties, we grant special leave to appeal against order dated April 17, 1990 passed by the Tamil Nadu Administrative Tribunal hereinafter referred to as the Tribunal in T.A. No.
Prior to the issuance of G. O. Ms. No.
1509/89 filed by the appellant as infructuous on the view that the G. O. Ms. No.
1509/89 and O. A. No.
Feeling aggrieved by the said decision of the Tribunal dismissing T.A. No.
239/89 before the Tribunal and prayed that the said orders dated January 26, 1989 may be quashed.
These appeals relate to appointment on the post of Statistical Inspector in the Department of Statistics of the Government of Tamil Nadu.
Feeling aggrieved by the said orders, the appellant filed an original application O. A. No.
869 gives effect to the said decision by introducing amendments in the relevant Rules.
870 incorporates the said decision of the State Government and G.O. Ms. No.
