COLLECTOR OF THANJAVUR DISTT Vs. S RAJAGOPALAN

JUDGEMENT

(1.) This is an appeal filed by the Collector of District, the Special Commissioner and Secretary to Government of Tamil Nadu. There are five respondents in this appeal. The learned counsel for the appellants has submitted that we are not concerned with the 5th respondent. The order which we propose to pass will therefore apply to respondent Nos. 1 to 4.

(2.) The writ petition was filed by respondents 1 to 4 in the High Court of Madras the same being transferred to the Administrative Tribunal of Tamil Nadu. The writ petitioners were working as Assistants. The question of their promotion as Deputy Tahsildars was in issue before the Tribunal. The list of Deputy Tahsildars for the year 1982 was drawn by the Collector Thanjavur on 7.2.1983 and the said list did not contain the names of the writ petitioners (respondents 1 to 4 in this appeal). Their names were omitted on the ground that minor punishment was imposed on them consequent to disciplinary enquiry. The punishment which was inflicted on them was stoppage of increments. At the time of considering the cases of the above four Assistants, the Collector excluded their names in the list of Deputy Tahsildars for the year 1982. Their names were omitted on the ground that punishments were imposed against them during the anterior period.

(3.) The respondents questioned the non-inclusion of their names in the panel before the Tribunal. The Tribunal allowed their petition and issued a direction that the case of the writ petitioners for inclusion in the list of Deputy Tahsildars should be considered uninfluenced by the minor punishment inflicted on them and that if by such consideration they were found fit for inclusion in the list, suitable place be allotted to them in the list of seniority for the cadre. Against the above said direction this appeal has been preferred by the Collector, Thanjavur and Special Commissioner.