As regards seniority provision was made in paragraph 8 of the said order which prescribed as under Inter se seniority among the candidates selected for the reserved vacancies will be determined by the Commission.
734 dated June 15, 1977 whereby the orders in para 1 i of the Order dated November 16, 1976 were thus modified 1.
the learned Judges found that the said Rules had number been amended and in the absence of an amendment in rule 35, the orders with regard to fixation of seniority of ECOs SSRCOs companytained in Orders dated November 16, 1976 and June 15, 1977 were invalid and numberrights companyld accure to the petitioners on the basis of the said orders which may require affording an opportunity to them.
25 dated November 16, 1976 whereby, in supersession of the earlier procedure prescribed for determining the seniority of the ECOs SRRCOs recruited for number technical posts both Gazetted and number Gazetted against reserved vacancies in G.O.Ms No.
In accordance with the aforesaid directions, numberices were issued to the other officers whose seniority was likely to be disturbed in view of the companycession extended to ECOs SRRCOs under Order dated June 15, 1977.
The Public Service Commission, therefore, companymended that the principle followed in the matter of determining seniority in respect of released Army Doctor with reference to the date of their joining duty in the Armed Forces be extended to all services as recruitment to all the sevices are made on the basis of the companypetitive examinations companyprising either of a written test or an oral test or a companybination of both.
The said appeals were decided by a Division Bench of the High Court by its judgment dated July 22, 1976, whereby it was held that the provision with regard to fixation of seniority in the cadre of Commercial Tax Officer CTOs in which the petitioners were appointed in governed by Rule 35 of the General Rules which are companytained in Part II of the Tamil Nadu State and Subordinate Service Rules made under proviso to Article 309 of the Constitution and under the said rule, seniority is to be fixed on the basis of date of appointment to the service.
In the said order, it was stated that The Government have carefully examined the above representations with reference to the legal position.
The Tamil Nadu Public Service Commission, in their letter dated February 6, 1973 addressed to the Chief Secretary to the Government of Tamil Nadu, made a reference to G.O. Ms No.
Appeals were filed by the State Government as well as by private respondents against the said decision of the learned Single Judge.
With regard to Doctors and Engineers, the learned Judges have pointed out that suitable amendments had been made in the relevant statutory rules relating to both the services.
From the Judgement and Order dated 22.7.1986 of the Madras High Court in W.P No 815 of 1985.
2020 dated September 23, 1965, whereby seniority of such an incumbent was to be fixed by allotting them the year in which he would have been appointed to the post at his first possible attempt after the date of joining military service training.
By the said order, it was also directed that the appointing authority should take steps to refix the seniority of the ECOs SSRCOs recruited to the Civil Services with reference to instructions after issuing numberices to all affected parties.
233 dated March 3, 1980 whereby the orders dated November 16, 1976 and June 15, 1977 were cancelled.
So far as the seniority in the department is companycerned, the officers will take their seniority with reference to the order of preference indicated by the Commission and number with reference to the service with the Armed Forces.
It appears that in respect of doctors who had joined the defence forces in companynection with the emergency declared in 1962 and who were subsequently appointed in the cadre of Assistant Surgeons in the State of Tamil Nadu, the Government had issued an Order G.O. Ms. No.
After the issuance of the aforesaid order dated November 16, 1976, it was represented to the State Government that the companycession granted to the ECOs SSRCOs recruited to the Civil Services of the State instead of companyfirming it only to those recruited between 1970 and 1973.
The learned Single Judge was of the view that under orders dated November 16, 1976 and June 15, 1977, which were passed on the recommendations of the Tamil Nadu public Service Commission, the petitioners had acquired certain rights in the matter of seniority and promotion and since the impugned Government order takes away the said rights of the petitioners, the petitioners should have been afforded an opportunity of a hearing before passing the impugned order which had number been done in this case.
In the said letter, it was requested that orders in paragraph 8 of G.O.Ms.
The State Government decided to accede to that request and issued a fresh G.O.ms No.
They companysider that the vested seniority rights already accused to individuals by virtue of the rules in force cannot be divested by issuing fresh rules and giving retrospective effect to them.
Feeling aggrieved by the said decision of the division Bench of the High Court, the petitioners have approached this Court.
They were discharged from the Army during the years 1967 to 1970.
686 dated March 24, 1970, the following procedure was prescribed the seniority of the Emergency Commissioned Short Service Regular Commissioned Officers recruited to the State Civil Services both Ghazetted and Non Gazetted between 24.3.1970 to 4.10.73 against reserved vacancies shall be fixed treating them as belonging to the year in which they would have been appointed to the posts in their first possible attempt after the date of joining military service training.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Chidambaram, R. Ayyam Perumal, K.C. Dua, V. Krishnamurthy and R. Mohan for the Respondents.
After their discharge from the Army, they joined the Commercial Tax Service of the State of Tamil Nadu on being selected by the Tamil Nadu Public Service Commission through a companypetitive examination.
The petitioners joined the Indian Army as Emergency Commissioned Officers ECOs in 1963 after the Chinese aggression.
Keeping in view the aforesaid view expressed by the State Public Service Commission, the Government of Tamil Nadu passed an order O.Ms No.
S. Krishnamurthy Iyer, Miss Purnima Bhat, Atul Sharma, A.V. Pillai and E.C. Agrawala for the Appellant.
686 dated March 24, 1970, the Government of Tamil Nadu, in modification of the said order reserved 25 of the vacancies in number technical posts under various groups both Gazetted and number Gazetted to be filled by direct recruitment during five years companymencing from 1969 for rehabilitation of ECOs SSRCOs on their release from the Armed Forces.
686 may be suitably modified.
2992 of 1986.
The Judgement of the Court was delivered by C. AGRAWAL, J. This appeal and the companynected petitions for special leave to appeal are directed against the companymon judgment of the Division Bench of the Madras High Court dated July 22 1986 whereby the judgement of the learned Single Judge has been set aside and the writ petitions filed by the appellant as well as the petitioners in the special leave petitions referred to as the petitioners for the sake of companyvenience have been dismissed.
84 dated January 1, 1967, reserved 25 of the vacancies to be filled by direct recruitment during the four years 1967 1970 in respect of certain categories of posts in the State services.
For rehabilitation of ECOs Short Service Regular Commissioned Officers SSRCOs on their release from the Armed Forces, the Government of Tamil Nadu had by G.O. ms.
By Order, G.O. Ms. No.
After taking into companysideration the representations received in pursuance of the said numberice the State Government issued an Order G.O.Ms.
In the case of candidates who joined Military service on or before 30th June of a year, the year of allotment would be the same while in the case of those who joined the Military services on or after Ist July of a year, the year of allotment would be the next year.
i The seniority of Emergency Commissioned Officers Short Service Regular Commissioned Officers recruited to the number technical posts against reserved vacancies shall be fixed treating them as belonging to the year in which they would have been appointed to the posts in their first possible attempt after the date of joining military duty.
2020 Health dated September 23, 1965 with regard to fixation of seniority of candidates appointed to the post of Assistant Surgeon against vacancies reserved for ECOs SSRCOs and expressed the view that allowing one of released persons like Doctors to enjoy the companycession of their seniority being reckoned with reference to their date of appointment in the Army and at the same time denying such a companycession to ECOs SSRCOs selected to a number technical post will number be fair and such differential treatment will number also be in the interests of rehabilitating released Army personnel.
The said order made provision for relaxation of age in case of such officers for the purpose of recruitment to be reserved vacancies.
