N.Rajamanickam, v. Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.17769 of 2010 N.Rajamanickam ... Petitioner Vs.

1.

The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai 600 009.

2.

The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai 600 015.

3.

The District Collector, Krishnagiri District, Krishnagiri.

4.

The District Collector, Dharmapuri District, Dharmapuri.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus calling for the records of the 3rd Respondent dated 24.04.2001 in Letter Na.Ka.No.15599/2001/K3 and the consequential order dated 04.01.2010 in Roc.Bo.236/2010/K1 and the consequential order passed in Na.Ka.No.830/2010/K2, dated 10.05.2010, quash the same and direct the Respondents to include the name of the Petitioner in the panel fit for promotion to the post of Deputy Block Development Officer and promote him from the date on which his juniors were promoted, i.e. 15.12.2008. For Petitioner :

Mrs.Sudharshana Sunder For Respondents :

Mr.A.Zakir Hussain, Government Advocate

O R D E R

Petitioner has come up with this Writ Petition seeking to quash the order dated 24.04.2001 passed by the 3rd Respondent vide Letter Na.Ka.No.15599/2001/K3 and the consequential orders

vide (i) Roc.Bo.236/2010/K1, dated 04.01.2010 and (ii) Na.Ka.No.830/2010/K2, dated 10.05.2010, and for a direction to the Respondents to include his name in the panel fit for promotion to the post of Deputy Block Development Officer and promote him from the date on which his juniors were promoted, i.e. from 15.12.2008.

2.

According to the Petitioner, he was appointed by the District Collector, Dharmapuri by an order dated 26.03.1991 on compassionate grounds, as his mother was working as Maternity Ayyah in Hosur Panchayat Union. He joined the services of the Respondent/Rural Development and Panchayat Raj Department on 03.04.1991 as Record Clerk. At the time of appointment, the Petitioner was aged 30 years. He passed the Departmental Examination in 1993 and became eligible for the post of Junior Assistant. However, he was not promoted, since no order was passed by the District Collector relaxing the condition regarding his age. Hence, the Petitioner approached the District Collector, Dharmapuri on 07.02.1994 for passing appropriate orders for age relaxation and to promote him as Junior Assistant.

3.

By an order dated 05.02.2000, the Government in G.O.No.46, Rural Development (PA2) Department confirmed the Petitioner's appointment as Junior Assistant with retrospective effect from the date on which he was temporarily appointed as Junior Assistant on qualifying for the said post. 4.

Pursuant to the said Government Order, the District Collector, Dharmapuri issued proceedings in Na.Ka.No.13912/2000/K3, dated 27.03.2000, whereby, the Petitioner was appointed as Junior Assistant. Subsequently, on 24.04.2001 vide Na.Ka.No.15599/2001/K3, the District Collector, Dharmapuri, passed an order stating that, the Petitioner is not entitled to any benefits for the period prior to 27.03.2000 including monetary benefits. Aggrieved by the said order, the Petitioner made a representation to the District Collector, Dharmapuri.

5.

On 25.11.2002, vide Na.Ka.No.90478/200/K3, panel for the post of 'Assistant' was drawn (combined seniority in the post of Junior Assistant R.W.O. Grade II Cashier and Typist) by the District Collectorate, Dharmapuri. In the said list, the Petitioner's name was found at No.86. However, the Petitioner was not promoted. Whereas, one V.Hemalatha, who is junior to the Petitioner was promoted and she is now working as Deputy Block Development Officer, (A.D.W.O.) from 15.12.2008. 6.

It is further stated by the Petitioner that, after the bifurcation of Dharmapuri District to Dharmapuri and Krishnagiri, he was transferred to Krishnagiri District. Once again, the Petitioner gave a representation in respect of his grievance.

By an order dated 10.05.2010 vide Na.Ka.No.830/2010/K2, the 3rd Respondent rejected the Petitioner's claim on the ground that, the District Collector, Dharmapuri had earlier passed an order that, the Petitioner is not entitled to any benefits prior to 27.03.2000 on which date, the Petitioner had joined as Junior Assistant and the same has been considered by the 2nd Respondent vide Letter No.66977/2000/F2, dated 07.02.2001.

7.

The grievance of the Petitioner is that, due to wrongful interpretation of the Government Order, he had been deprived of his legitimate right of promotion and is still serving as Junior Assistant. The name of the Petitioner has been omitted in the proceedings dated 04.01.2010. Hence, aggrieved by the same, the Petitioner has come up with the present Writ Petition.

8.

The 3rd Respondent/District Collector, Krishnagiri District has filed Counter Affidavit on behalf of Respondents 1, 2 and 4. It is stated therein, that the name of the Petitioner, who was appointed as Junior Assistant on compassionate grounds, was placed in Sl.No.86 in the combined seniority list of Junior Assistant/Cashier/Rural Welfare Officer Grade-II as on 01.03.2002, prepared and communicated by the District Collector, Dharmapuri vide Roc.No.90478/200/K3, dated 25.11.2002. 9.

On the basis of the Feeder category seniority, the seniority list of Assistant/Accountant/Rural Welfare Officer Grade-I was communicated by the District Collector, Krishnagiri District vide proceedings in Roc.No.830/2010/K2, dated 10.05.2010, in which, the Appeal of the Petitioner was rejected stating that, the name of the Petitioner could not be placed above the name of Junior Assistants selected through TNPSC, based on the instructions in G.O.Ms.No.11, Rural Development,

dated 12.01.1993, in which, it is stated that, a person who is appointed on Compassionate grounds after 01.04.1974 could not claim seniority above the Junior Assistant appointed by TNPSC. Further, the Petitioner did not pass English/Tamil Typewriting prescribed for appointment of Junior Assistant/Typist as per G.O.Ms.No.50, P & AR Department, dated 14.02.1995. 10.

Based on the concurrence of the TNPSC and the order issued in G.O.Ms.No.46, Rural Development (E2) Department, dated 16.02.2000, the Petitioner has been promoted as Assistant and now working as Assistant, Thally Block, Krishnagiri District. As per G.O.Ms.No.11, Rural Development Department, dated 12.01.1993, the Petitioner's name could not be placed above the names of persons selected by TNPSC, since he was appointed on compassionate grounds. Further, the Petitioner's Appeal had also been rejected by the proceedings of the District Collector, Krishnagiri in Roc.No.830/2010/K2, dated 10.05.2010. Moreover, he has not passed Typewriting exams, which is a must for the post of Junior Assistant/Typist as contemplated in G.O.Ms.No.50, P & AR Department, dated 14.02.1995.

11.

Thus, the seniority of the Petitioner in the cadre of Assistant was fixed and order was passed by the District Collector, Krishnagiri vide proceedings in Roc.No.830/2010/K2, dated 10.05.2010 on the basis of the combined seniority list of the composite District of Dharmapuri, as issued by the District Collector, Dharmapuri, prior to bifurcation and formation of Krishnagiri District on 09.02.2004. Hence, according to the Respondents, the Petitioner's statement is not at all acceptable and deserves no consideration.

12.

Learned counsel for the Petitioner contended that, the Petitioner could not be considered for promotion on the ground that, he was appointed on compassionate grounds and that, he was not entitled to claim the benefit of promotion on par with his counter-parts.

13.

It is the contention of the learned Government Advocate appearing for the Respondents that, the Petitioner has not cleared Tamil and English Typewriting as prescribed in G.O.Ms.No.46 Rural Development (PA2) Department, dated 05.02.2000, and hence, he has not been considered for promotion. 14.

Heard the learned counsel for the parties and perused the material documents available on record.

15.

The Petitioner was appointed as Junior Assistant, which is a feeder category for promotion to the post of Rural Block Development Officer. The Authorities rejected the request of the Petitioner on the ground that, persons appointed on Compassionate grounds after 01.04.1974 could not claim seniority above Junior Assistants appointed by TNPSC.

16.

On a perusal of the impugned order, it is seen that, rejection of the Petitioner's request is only on the ground that, there could not be any inter-se seniority for the purpose of promotion. Nowhere did the Respondent say in the impugned order that, the Petitioner has not cleared Typewriting English and Tamil, to be considered for promotion. However, the learned Government Advocate appearing for the Respondents drew the attention of this Court to paragraph 6 of the counter, wherein it is stated that, based on the concurrence of the TNPSC and the order issued in G.O.Ms.No.46, Rural Development (E2) Department, dated 16.02.2000, the Petitioner has been promotion as Assistant.

17.

In reply, learned counsel for the Petitioner contended that, the statement made by the learned Government Advocate is not factually correct and in any event, promotion has been given to the Petitioner subsequently only in the year 2005 and not in 2000, which the Petitioner is otherwise eligible. 18.

G.O.Ms.No.46, Rural Development, dated 05.02.2000 nowhere states that, employees appointed on compassionate grounds shall not be treated on par with other candidates. Even assuming that, if an employee is appointed on compassionate grounds, a regular employee and an employee appointed on compassionate grounds should be treated on par. 19.

It is no doubt true that, any employee aspiring for promotion needs to fulfill all the guidelines prescribed for promotion. In the case on hand, the Petitioner has passed English and Tamil Typewriting belatedly. Undoubtedly, the 3rd Respondent has not rejected the case of the Petitioner that, he has not cleared Typewriting in Tamil and English before his name could be considered within the cut-off date, and the Petitioner did not claim exemption in passing Typewriting English and Tamil Exams. The fact remains that, the Petitioner has not passed Typewriting English and Tamil within the time stipulated. That apart, even though in paragraph 6 of the counter, it has been stated that the Petitioner has been promoted as 'Assistant', it is not clear as to whether monetary benefits have been granted to the Petitioner on par with his counter-parts interpolating

his name in the seniority list and placing him above his juniors. Since that clarification is absent, this Court has to rely on G.O.Ms.No.46, Rural Development, dated 05.02.2000. 20.

It is made clear that, the contention in paragraph 9 of the counter Affidavit that, the seniority of the Petitioner has been fixed and orders were issued by the District Collector, Krishnagiri on the basis of the combined seniority list of the composite District of Dharmapuri prior to bifurcation and formation of Krishnagiri District, has not been gone into, as, the case of the Petitioner cannot be deprived, moreso, when the Petitioner is eligible to be considered for promotion to the post of 'Assistant'.

21.

In view of the above discussion, this Court finds much force in the submissions of the learned counsel for the Petitioner and holds that, the impugned order passed by the 3rd Respondent herein suffers from infirmity and the same is set aside. In any case, if the Petitioner has not been considered for promotion, his case has to be considered and he shall be promoted on par with his counter-parts by placing him above his immediate juniors. Further, all the monetary benefits due to the Petitioner shall be granted to him, if not already granted, within a period of three months from the date of receipt of a copy of this order.

In the result, the Writ Petition is allowed with the above directions. No costs. Consequently, connected M.P.No.2 of 2010 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.

The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Chennai 600 009.

2.

The Director, Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai 600 015.

3.

The District Collector, Krishnagiri District, Krishnagiri.

4.

The District Collector, Dharmapuri District, Dharmapuri.

Order in W.P.No.17769 of 2010 VSN II (CO) RV (07/09/2020)