The petitioner was selected for the post of Village Administrative Officer through the Tamilnadu Public Service Commission in the year 1981. However, he was appointed as a Village Administrative Officer on 12.03.1984 at Cheyyar Taluk in Thiruvannamalai District.
2. The petitioner states that G.O.Ms.No.781, Revenue Department, dated 25.05.1985, provides for the appointment of Village Administrative Officer as Junior Assistant, by transfer of service. As per the said G.O.Ms.No.781, Revenue Department, dated 25.05.1985, the Village Administrative Officers, who have completed five years of service are eligible to seek appointment as Junior Assistants. 20% of the regular vacancies arising in a District every year is earmarked for the appointment of Village Administrative Officers as Junior Assistants. In the said quota, the appointment of Junior Assistant is with reference to the seniority in the cadre of Village Administrative Officer alone. But, the petitioner's name was not considered for appointment to the post of Junior Assistant by transfer, though his Juniors by name Mr.Kannan, Mr.Ramalingam and Mr.K.Ganesh were appointed as Junior Assistants by transfer. He specifically averred in his representation dated 03.07.2000 to the second respondent the above facts and requested to consider him for the post of Junior Assistant, as per G.O.Ms.No.781.
3. The petitioner thereafter filed O.A.1059 of 2002 (W.P.No.8367 of 2007) praying for a direction to the respondents to consider his name for the post of Junior Assistant by transfer from the post of Village Administrative Officer, with effect from the date on which his Juniors were appointed viz. 06.10.94 and to fix the seniority accordingly.
4. Heard Mr.G.Elanchezhiyan, learned counsel for the petitioner and Mr.P.Muthukumar, Government Advocate for the respondents.
5. I have pursued the G.O.Ms.No.781. Para 3 of the said G.O., which is relevant for the purpose of this case, reads as follows:-
"3. In the light of the above consideration, the Commissioner of Revenue Administration has made the following suggestions:-
1. The Village Administrative Officers may be made eligible for appointment as Junior Assistant by transfer after they complete service as Village Administrative Officer for a period of not less than five year.
2. Their claims for appointment as Junior Assistants may be considered for 20% of the regular vacancies arising in a District every year.
3. Their appointment as Junior Assistants may be with reference to their stating in the seniority list to be prepared for the District as a whole; and
4. They will not be permitted to count their service as Village Administrative Officers for the purpose of fixing their seniority in the cadre of Junior Assistant. This suggestion is in tune with the procedure followed in the cadre of Junior Assistant appointed from the category of Typists and Steno-Typists."
As per the aforesaid para 3 of the G.O.Ms.No.781, the only criteria for appointment as Junior Assistants from Village Administrative Officer by way of transfer, is the seniority of Village Administrative Officers in the district. That is, the transfer to the post of Junior Assistants from the post of Village Administrative Officers, who have completed five years of service, based on seniority alone, is ensured by the said G.O.Ms.No.781. The petitioner has categorically pleaded that the Juniors in the District namely, Mr.Kannan, Mr.Ramalingam and Mr.K.Ganesan were appointed as Junior Assistants by transfer from Village Administrative Officer in 1994. If that is so, there is no reason to exclude the petitioner's name for the post of Junior Assistant, particularly, when it is stated by the petitioner that he did not face any disciplinary action at that time. In the circumstances, a direction is issued to the second respondent to consider his claim for the post of Junior Assistant from the date on which his Juniors were promoted in 1994, as per G.O.Ms.No.781, Revenue Department, dated 25.05.85 and to pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order. If the petitioner is entitled to the appointment as Junior Assistant in accordance with the G.O.Ms.No.781, the second respondent should appoint him from the date on which his Juniors were appointed, with notional benefits alone. With the above observations, the writ petition is disposed of.
ogy To
1. The Special Commissioner and Commissioner of Revenue Administration, Chepauk, Chennai 5.
2. The District Collector, Tiruvannamalai, Tiruvannamalai District