Heard both sides.
2.The petitioner was appointed as Skilled Assistant in the Carpentry and Blacksmith unit Karungulam Panchayat Union, by the proceedings of the Commissioner dated 13.01.1988 and he was appointed through employment exchange. As the Carpentry of Blacksmith unit has already been closed, in order to give employment to those persons working in the panchayat union, the Karungulam Panchayat Union arranged an alternative employment for the workers in the year of 1997-98 and the petitioner was allowed to work as Record Clerk, by the Proceedings of the Commissioner of Karungulam Panachyat, dated 29.09.1995. In the year 2000, for the purpose of providing employment to those persons employed as Office Assistant, Night Watchman, Rural Women Welfare Organisers etc., in the Panchayat Union, the Government has passed G.O.Ms.No.189, Rural Development (E5) Department, dated 10.06.1997 and the petitioner was recommended by the District Collector, Tuticorin, to be given appointment under 10% quota mentioned in that G.O,. by the proceedings of the District Collector, Tuticorin, in Na.Ka.No.12/64408/2004-2 dated 28.09.2005 and the recommendation of the District Collector, Tuticorin, was addressed to the Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 15 and the Rural Development Director rejected the recommendation of the District Collector, Tuticorin. Nevertheless, one Tmt.S.Mary Vasantha, who worked as Maternity Ayah, was promoted as Junior Assistant, by virtue of the Government Order referred to above and therefore, the petitioner, by his representation dated 28.09.2006 requested the 1st respondent to consider his case for giving promotion under G.O.Ms.No.189 dated 10.06.1997 and promote him as Junior Assistant. When that representation was not considered, he filed the writ petition in W.P.(MD)No.7789 of 2006 before this Honourable Court and this Court by order dated 31.08.2006 directed the respondents to consider the representation of the petitioner and pass orders and as directed by this Court, the respondents, by the proceedings in Na.Ka.No.83023/2006/C4 dated.19.12.20006. rejected the request of the petitioner stating that as per G.O.Ms.No. 189, the petitioner, who was originally employed as Skilled Assistant in Carpentry cannot be considered, as he is not coming within the scope of persons mentioned in that G.O. This order is challenged in this writ petition by the petitioner.
3.The respondents filed the counter affidavit stating that under G.O.Ms.No.189, the persons, who are occupying the posts mentioned in that G.O. viz., Office Assistant, Night Watchman, Rural Women Welfare Organisers alone can be considered for appointment for the post of Junior Assistant by transfer under 10% reservation quota made for Panchayat Union Employees and even under G.O.Ms.No.240, Rural Department, dated 07.09.2000, the post of Skilled Assistant or Technical Assistant was not mentioned as eligible posts for promotion to the Junior Assistant and therefore, the petitioner cannot be considered and therefore, the order passed by the respondents is perfectly valid and the writ petition is liable to be dismissed.
4.In this case, the interpretation by G.O.Ms.No.189, Rural Development (E5) Department, dated 10.06.1997 is to be considered. It is seen from the said G.O.Ms.No.189 that the G.O. was passed at the instance of the request of persons, who are employed as Night Watch men, Tailoring Assistant, Rural Women Welfare Organisers and servants like them, and on the basis of the judgment of the Tamil Nadu Administrative Tribunal, G.O.Ms.No.43 P & AR dated 15.02.1994 mentioned as reference No.4 in the G.O.Ms.No.189.
5.Further under G.O.Ms.No.963 dated 28.11.1990, while making direct appointment to the post of Junior Assistant, Secondary Grade Village Welfare Officer and Cashier, 10% reservation can be given to the Record Clerks, who were employed in the Panchayat Union, by giving them promotion to the post. The Office Assistants of the Panchayat Union also requested that they may also be promoted and to be appointed in the post of Junior Assistant, etc. It was consulted with the TNPSC and the TNPSC also gave its consent for the same and recommended suitable amendments to the Tamil Nadu Ministerial Service Rules under G.O.Ms.No.963 Rural Development, dated 28.11.1990.
6.Considering all these aspects, G.O.Ms.No.189 dated 10.06.1997 was passed and it is specifically stated in para 4 of the said G.O., persons who can be promoted under 10% quota and the conditions to be fulfilled by those persons for such promotion.
7.The main objection of the respondents is that in G.O.Ms.No.189, the post 'Skilled Assistant' was not mentioned as a post, which can be considered for promotion and therefore, the petitioner cannot be considered. In my opinion, the respondents without properly appreciating the clause 4 and various conditions stated therein has passed that order.
8.It is stated in clause 4 of the G.O.Ms.No.189 that while filling 10% quota on promotion, the persons who are employed as Record Clerk, Office Assistant, Night Watchman, Rural Women Welfare Organiser, Tailoring Teachers and persons similarly employed like them can be appointed on transfer basis subject to the condition stated therein. In other-wards, the list of persons mentioned in Clause 4, 10% quota is not exhaustive and it is only illustrative. It is further made clear by using the word " gjp[t[U vGj;jh;, mYtyf cjtpahsh;, nut[ fhtyh; Bghd;wtif muRg; gzpahsh;fSld;, Cuhl;rp Xd;wpa gjpt[U vGj;jh;, mYtyf cjtpahsh;, nut[ fhtyh;. kfsph; ey mikg;ghsh;fs; (ijay; Mrphpiafs;) Bghd;wtifg; gzpahsh;fisa[k;, fPH;fz;l epge;jidfs{f;Fl;gl;L gzp khw;wy; K}yk; gzp mkh;;j;jyhk; vd muR MizapLfpwJ." If the intention of the Government is to restrict only those persons mentioned in that G.O, they would have used the word "Mfpath;fis fPH;;;fz;l epge;jidfSf;Fl;gl;L whereas the word used in the G.O. is "Bghd;wtif gzpahsh;fis which only means people with like the persons mentioned above. Therefore, persons, who are similarly employed as Record Clerk, Office Assistant, Night Watch Man, Women Rural Welfare Organiser can also be considered for promotion.
9.Further when the Government has decided to promote the Night Watchman, persons like the petitioner, who are Skilled Assistant and also employed as Record Clerk will also come under the category of persons mentioned in Clause 4.
10.The petitioner further satisfied the various conditions mentioned in clause 4.
11.As per the condition No.1. he is in employment which does not have any promotional aspects and his pay scale is less than the pay scale of the Junior Assistant, Typist for which he is to be promoted.
12.He is having a minimum educational qualifications as per the condition No.2 and he is employed from 1988 and therefore, on the date of consideration of his post, he has competed 7 years and he also satisfied the condition No.3 and as per the condition, he also got experience as a Record Clerk and it is evident from the proceedings of the Commissioner in A6/7070/95 dated 29.09.1995, by which he was asked to take additional charge as Record Clerk. As per condition No.6, he was appointed through Employment Exchange and he also satisfied the condition No.7 as he was recommend by the District Collector, Tuticorin.
13.Therefore, the petitioner satisfied the conditions enumerated under clause 4 of the G.O.Ms.No.189 dated 10.06.1997 and as stated supra, under G.O.M.S.No.189, the list of persons, who are eligible for promotion is not exhaustive, but only illustrative and the fact that the petitioner was also recommended by the District Collector, Tuticorin, for promotion as per the G.O.Ms.No.189, the impugned order of the 1st respondent is not correct and the same is set aside.
14.In the result, the writ petition is allowed. Consequently, connected Miscellaneous Petition is close. No costs.
er To,
1.The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai-15.
2.The District Collector, Tuticiron, Tuticorin District.
3.The Special Government Pleader, Madurai Bench of Madras High Court, Madurai.