WP No.14282/2008
1.B. Vasanthi
2.V. Sangiri
3.K. Maladhi ...Petitioners Vs.
1.The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai.5.
2.The Deputy Commissioner (CT), P.A.P.J.M. Building, III Floor, Chennai (North) Division, Greams Road, Chennai.6.
3.The Deputy Commissioner (CT) P.A.P.J.M. Building, III Floor, Chennai (North) Division, Greams Road, Chennai.6. Respondents WP No. 14287 of 2008 B.T. Vaidhegi ... Petitioner Vs.
1.The Director General of Police, Mylapore, Chennai.4. ... Respondent WP No. 11467 of 2009:
Petition in WP Nos. 14287 of 2008 and 11467 of 2009 are filed under
Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to fix the seniority of the petitioners in the cadre of Assistant based on the combined inter-se-seniority list in the cadre of Steno-typist as per Rule 35(a) of the Tamil Nadu State and Subordinate Service Rules and consequently promote the Petitioners to the post of Assistant and Superintendent retrospectively with effect from the date on which their immediate junior in the combined seniority list was promoted with all monetary and consequential service benefits.
For Petitioners : Mr. S.M. Subramanian For Respondents : Mr. V. Manohar Govt. Advocate .......... COMMON ORDER WP No. 14282 of 2008 is filed to issue a Writ of Mandamus directing the respondents to fix the seniority of the petitioners in the cadre of Assistant based on the combined inter-se-seniority list in the cadre of Junior Assistant/Typist/Steno-typist as per Rule 35(a) of the Tamil Nadu State and Subordinate Service Rules and consequently promote the Petitioners to the post of Assistant and Superintendent retrospectively with effect from the date on which their immediate junior in the combined seniority list was promoted with all monetary and consequential service benefits. 2. WP Nos. 14287 of 2008 and 11467 of 2009 are filed to issue a Writ of Mandamus directing the respondents to fix the seniority of the petitioners in the cadre of Assistant based on the combined inter-se-seniority list in the cadre of Steno-typist as per Rule 35(a) of the Tamil Nadu State and Subordinate Service Rules and consequently promote the Petitioners to the post of Assistant and Superintendent retrospectively with effect from the date on which their immediate junior in the combined seniority list was promoted with all monetary and consequential service benefits.
3. WP No. 11467 of 2009 was admitted on 25.6.2009 and it was directed to be posted along with WP No. 14287 of 2008, a date fixed writ petition.
4. The petitioners in WP No. 14282 of 2008 were originally appointed as Steno-typists through TNPSC select list on different years viz., 1984, 1981 and 1987 respectively. The petitioners in WP No. 14287 of 2008 joined as Steno-typists in the Police Department on 18.2.1987 through TNPSC. Petitioners 1 and 2 in WP No. 11467 of 2009 were appointed as steno-typists in the Police Department in the year 1987 and petitioners 3 and 4 were appointed in the year 1984.
5. According to the petitioners, the recruitment made by the TNPSC was by a common examination for the posts of Junior Assistant, Typists and Steno-typist, which is the Group-IV category. All the three cadres are eligible to be promoted to the posts of Assistant and Superintendent in the Tamil Nadu Ministerial Services based on the inter-se-seniority among the three cadres. It is not disputed that the petitioners in all the cases, in the course of time were promoted as Assistants and continue to work in the respective department.
6. The grievance of the petitioners is that while considering their case for promotion to the higher posts, the inter-se-seniority in Group-IV at the time of recruitment through TNPSC should have been taken into consideration, whereas, the case of the steno-typist was treated differently. Petitioners were deprived of their promotion giving preference to the Junior Assistant and Typist. This anomaly was pointed out by similarly placed persons to the Government time and again and based on such representations, overlooking the ban order, the Government passed G.O.Ms.No. 34 Personnel and Administrative Reforms Department, dated 21.2.2001. Thereafter, the benefits were given to the steno-typists. Insofar as the claim of seniority as per the date of entry in Group-IV is concerned, a clarification was issued by the Deputy Secretary to Government, Personnel and Administrative Reforms(B) Department in letter No. 73950/B/2000-1, dated 22.8.2003 addressed to all heads of Department which reads as follows :
" I am directed to invite attention to the references cited and to furnish the following reply for the clarifications sought for in the letter 2nd cited.
Clarification required Reply for clarification required Fixing of seniority for steno-typist Gr.III appointed by TNPSC., by Direct Recruitment prior to 1.8.92 (i.e. Date of issue of ban order) whether considering the date of joining as Steno-typist Gr.III ink the combined seniority list of Junior Assistants based on their acquiring Test qualification, their seniority can be fixed by placing their names in the appropriate place in the cadre of Assistant?
(ii) Fixing of Seniority of Styno-typist Gr.III appointed by Department/District transfer after 1.8.92.
Whether date of joining as Steno-typist Gr.III in the respective panchayat Development Unit on Department/District transfer may be considered as crucial date, and their names may be placed in the appropriate place in Assistant cadre?
And
(iii) Fixing of Seniority of Steno-Typist Gr.III appointed by TNPSC through direct recruitment after 1.8.92.
Whether date of joining as Assistant (After appointment by transfer) may be considered as crucial date and their names may be placed in the appropriate place in the Assistant cadre.
Prior to 1.8.92, the combined seniority list of the TNPSC., may be maintained and appointment of eligible Styno-typist Gr.III as Assistant by Transfer and Seniority of such persons may be fixed as per rule 35(a) of General Rules for the T.N.S&S.
The Rule 35 (aa) of the General Rules for the T.N. S&S.S.
May be followed in fixing their seniority.
The Rule 35(aa) of the General Rules for the T.N.S&S.S. May be followed in fixing their seniority.
7. A counter affidavit has been filed by the Director General of Police. The relevant portion in the counter affidavit is extracted hereunder:-
" I submit that with regard to the averments in Para (e) and (f) of the grounds in the affidavit, the Government in their letter No. 60014/B/2007-3 P & AR, Deptt., dated 25.3.2008 have clarified that prior to 1.8.92, the seniority in the post of Assistant, promoted from the posts of Junior Assistant, Typist and Steno-typist, shall be in the ratio of 4: 1 (4 Junior Assistant: 1 Typists/Steno-typist) on the combined seniority maintained by the TNPSC according to Rule 35(a) of General Rules for Tamil Nadu State and Subordinate Services. Hence, the averment made in these paragraphs are not correct and justifiable. However, the Government have been addressed seeking orders on the representation of the petitioner. ( emphasis supplied) (20) I submit that with regard to the averments in para (g) & (h) of the grounds in the affidavit as per the TAT order dated 27.11.92, the Government have quashed the 4:1 ratio vide their G.O.Ms.No.16(P & AR) Department, dated 21.2.2002 and amended in Government letter No. 60014/B/2007-3, P&AR Department, dated 25.3.2008 that prior to 1.8.92, the seniority in the post of Assistant, promoted from the posts of Junior Assistant, Typist and Steno-typist, shall be in the ratio of 4:1 as per the combined seniority list maintained by the Tamil Nadu Public Service Commission according to Rule 35(a) of General Rules of TNSS. Further, the Government in their letter No. 40363/B/2006-9, P&AR(B) Dept., dated 28.3.2008 have stated that the Hon'ble High Court in their order in W.P.No. 28300/05, dated 4.4.2006 has set aside the Government letter No.23498/MAWS(ME.1) 97-5, dated 24.10.97 (ordered by the Government Municipal Administration and Water Supply Department) regarding seniority as per rules in the ratio of 4:1 (4 Junior Assistant: 1 typist/Steno Typist) from 8.3.84 to 26.11.92 and from 27.11.92 onwards combined seniority of Junior Assistant/ Typist. This was stayed by the Division Bench of High court by its order dated 4.9.2006 in W.A.No. 1145/2006. The Hon'ble High Court in their order dated 5.2.2008 (on W.A.No. 1145/2006) has dismissed the above said appeal and ordered that orders passed by the TAT dated 27.11.92 (regarding fixation of 4:1 ratio) becomes final. Based on the above judgment, the Government have been requested for fixing of inter-se seniority of Steno-typist Grade III vide this office letter No.94155/NGB II(3)/2008, dated 26.8.2008. The matter is still under consideration of the Government. On receipt of Government orders, the inter-se-seniority of the individual will be revised."
8. Insofar as the ratio with regard to the Junior Assistant/Typist/ Steno-Typist is concerned, the same will be applicable as per the orders of the Court as set out above. However, with regard to the claim of the petitioners for treating them on par with that of the Junior Assistant for the purpose of promotional benefits based on the combined seniority in the entry level, which is Group-IV is concerned, since the matter is pending before the Government for consideration, it will be appropriate to direct the Government and the Heads of Department to pass appropriate orders based on the clarification issued on 22.8.2003 and such exercise will appropriately decide the claim of the petitioners.
9. Hence, the respondents are directed to pass necessary orders in the light of the clarification issued on 22.8.2003, as stated in the counter affidavit. Such exercise shall be completed on or before the end of February 2010. All the three writ petitions are ordered as above. No costs.
ra Office to Note :
1.Issue order copy on 15.12.2009
2.Send copy to the concerned Officer immediately.
To
1. The Commissioner of Commercial Taxes, Ezhilagam, Chepauk, Chennai.5.
2. The Deputy Commissioner (CT), P.A.P.J.M. Building, III Floor, Chennai (North) Division, Greams Road, Chennai.6.
3. The Deputy Commissioner (CT) P.A.P.J.M. Building, III Floor, Chennai (North) Division, Greams Road, Chennai.6.
4. The Director General of Police, Mylapore, Chennai.4.
5. The Secretary to Government, Home Department, Fort St. George, Chennai 9