LAWS(SC)-1994-9-54

T K PONNUSWAMY Vs. GOVERNMENT OF T N

Decided On September 27, 1994
T.K.PONNUSWAMY Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) Consequent to the reorganisation of State of Tamil Nadu in 1956, the duties and the responsibilities of District Collector became heavy. Apart from the conventional revenue work, the Collector was made responsible for the general administration on multifarious developmental activities. Therefore, the Government of Tamil Nadu by G.O. Ms. No. 3033 Revenue dated 19-8-1958 appointed Additional Collectors in those districts where the revenue work was heavy. On further examination of the matter, by G.O. Ms. No. 3090 Public (Special) dated 19-12-1959, nine posts of District Revenue Officers were created assigning the same duties to such District Revenue Officers as those of Additional Collectors. These posts of District Revenue Officers were included in and declared as selection grade posts of the State Civil Service vide Government Order No. 1070 Public (Special) dated 25-6-1963.

(2.) The method of recruitment to the posts of District Revenue Officers was:

(3.) By Order No. 1804 Public (Special) dated 4-11-1968, the Government in exercise of the powers conferred on it by the proviso to Article 309 of the Constitution declared that the posts of District Revenue Officers should constitute a separate category in Tamil Nadu Civil Service (Executive Branch). The appointment to the post was made by promotion from among the members of Tamil Nadu Civil Service (Executive Branch). Thus, the post of Deputy Collector is the feeder category for the promotion post of District Revenue Officer. The post of District Revenue Officer was selection post. Promotion to the post was made on the ground of merit and ability, seniority being considered only where merit and ability were equal. By G.O. Ms. No. 3145 Public (Special) dated 6-12-1972, an amendment was made to Rule 4 of the Tamil Nadu Civil Service Rules (hereinafter referred to as the Rules); stipulating that ordinarily no member of the Tamil Nadu Civil Service (Executive Branch) shall be appointed as District Revenue Officer unless he has a minimum of one year of service after such appointment and before superannuation. By G.O. Ms. No. 3881 Public (Special A) Department dated 16-12-1974, Rule 4 was amended. That reads as follows: