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Madras High CourtWP/25626/2022allowed

G.Sampath v. The Government Of Tamilnadu,

2024-03-08Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN G.Sampath

...Petitioner

-Vs -

1. The Government of Tamilnadu, Rep. by Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai - 09.

2. The Inspector General of Registration, Santhome Road, Mylapore, Chennai - 28.

3. The State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 09.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to forthwith issue appropriate orders declaring the petitioner to be deemed to have completed probation as on 03.08.2014 and issue orders regularizing the petitioner's services in the post of Junior Assistant and to promote and issue orders for promotion to the next higher post on Assistant and Sub Registrar Grade-2 on par with the petitioner's immediate junior and to grant all consequential benefits within a limited time frame as deemed fit by this Court.

For Petitioner : Mr.M.Ravi For Respondents : Mrs.R.L.Karthika Government Advocate

ORDER

This writ petition has been filed for direction directing the respondents to issue orders declaring that the petitioner to be deemed to have completed probation as on 03.08.2014 in the post of Junior Assistant and to promote the petitioner to the next higher posts. 2.

The petitioner had applied for appointment to the post of Group IV under the Special Recruitment, 2007. The petitioner was selected and appointed in the Registration Department as Junior Assistant. He belongs to Hindu Kurumans Scheduled Tribe community. Subsequent to the selection to the post of Junior Assistant, the Tamil Nadu Public Service Commission had requested the government to ascertain the genuineness of his community certificate. In pursuant to the request dated 07.11.2008, the government issued letter dated 03.02.2009, thereby informed that for verification, it is pending before the State Level Scrutiny Committee.

3.

Thereafter, the Chairman of the State Level Scrutiny

Committee, requested the petitioner to appear before the committee for enquiry on 30.09.2011. The petitioner appeared for enquiry along with all original documents and records before the State Level Scrutiny committee and produced the same. Upon satisfying all the certificates and documents produced by the petitioner, the second respondent by its proceeding dated 30.05.2012 issued an order of appointment to the post of Junior Assistant under Group-IV in the pay scale of Rs.5200-20200 + Grade pay 2400/-. He was posed in the office of the District Registrar, Central, Chennai. Thereafter, the petitioner also cleared all the departmental examinations.

4.

While being so, once again the State Level Scrutiny Committee called the petitioner for enquiry by the communication dated 20.11.2012. The enquiry was fixed on 11.12.2012 in the Chambers of the Chairman, State Level Scrutiny Committee. As per the communication, the petitioner had appeared for enquiry conducted by the State Level Scrutiny Committee and produced all the documents in original copies. Thereafter, no order has been passed as such the petitioner was under impression that his community certificate is genuine and no query raised by the State Level Scrutiny Committee. However, the petitioner has been

stagnated in the same post of Junior Assistant without any probation, regular increments or grant of annual leave or any further promotions except the first two increments. Now the petitioner is in the verge of retirement. Therefore, the petitioner submitted representation and the same was not considered by the respondents. Hence the present writ petition.

5.

Heard the learned counsel appearing on either side and perused the material placed before this Court. 6.

On perusal of the counter affidavit filed by the second respondent and also on the submission made by the learned Government Advocate appearing for the respondents revealed that, the selection of the petitioner for temporary appointment to the post of Junior Assistant is provisional, subject to the receipt and acceptance of the report of the State Level Scrutiny Committee, with regard to community claim made by the candidates and further informed that if his claim is found to be not genuine at a later date, he is liable for such penal and legal action including recovery of salary as a consequence thereof, and his temporary service should not be regularized until receipt of the Commission's letter

authenticating genuineness of his community claim. 7.

Admittedly, the Sate Level Scrutiny Committee after due enquiry declared that the community certificate of the petitioner was genuine one and on such declaration, the second respondent issued order of appointment on 30.05.2012 to the petitioner for the post of Junior Assistant in the office of District Registrar, Central, Chennai. Thereafter, the petitioner joined in the post of Junior Assistant on 08.06.2012, and till today he is serving as Junior Assistant. 8.

Though, once again the petitioner was called for enquiry on 11.12.2012, for production of original certificate, the State Level Scrutiny Committee did not declare that the community certificate of the petitioner is not genuine one. Even till today, the petitioner's service has not been declared and as such it is deemed to have been declared as on 31.08.2014 viz., immediately after completion of two years of his service. Further he is entitled to regularization of his service and also his probation liable to be declared in the post of Junior Assistant. Further he is entitled for all benefits on par with his junior and further promotion to the post of Assistant, Sub Registrar Grade-2 on par with his junior.

9.

In view of the above discussions, the first and second respondents are directed to pass appropriate orders declaring that the petitioner had successfully completed his probation period and regularize the service of the petitioner as on 31.08.2014 in the post of Junior Assistant from the date of his initial appointment. The respondents 1 & 2 are also directed to give notional promotion to the petitioner to the post of Assistant and Sub Registrar Grade-2, on par with his junior and to grant all consequential benefits to the petitioner within a period of eight weeks from the date of receipt of a copy of this Order. 10.

With the above directions, the Writ Petition stands allowed. There shall be no orders as to costs.

08.03.2024 Index : Yes/No Speaking/Non Speaking order rts

To

1. The Secretary to Government, Government of Tamilnadu, Commercial Taxes and Registration Department, Secretariat, Chennai - 09.

2. The Inspector General of Registration, Santhome Road, Mylapore, Chennai - 28.

3. The State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai - 09.

G.K.ILANTHIRAIYAN. J, rts 08.03.2024