R RAMASWAMY Vs. GOVERNMENT OF T N

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was appointed, though temporarily, as a Project Officer in the Directorate of Tamil Culture Centre on 21/5/1979 The government stated in GOMS No. 296 dated 6/9/1989 that both the post of Project Officer in the erstwhile Directorate of Traditional Tamil Arts and that of Assistant Director in the Tamil Development Directorate are equivalent in status and carry an identical scale of pay. The service of the appellant as a Project Officer was also regularised by GOMS No. 88 dated 21/5/1900 wherein the government has stated that "the service of Thiru R. Ramaswamy in the cadre of Project Officer in the erstwhile Department of Tamil Culture Centre be regularised w. e. f. 22/5/1979, namely, the date of his appointment". Thereby he is a permanent incumbent for the post of Project Officer in the erstwhile Department.

(3.) When he was temporarily promoted as Assistant Director and sought promotion as Deputy Director, the question arose whether the appellant was senior to Respondents 3 and 4, who were appointed as Assistant Directors on 10/12/1979 and 25/4/1981 respectively. When that status was not given, he approached the Administrative tribunal in OA No. 632 of 1993, which by orderdated 4/2/1994 held that since Respondents 3 and 4 were substantively holding the post as Assistant Directors, the appellant is junior to them and the order of appointment by transfer clearly indicates that his claim for seniority would be determined at a later date. In pursuance of the statutory order now made in GOMS No. 296 dated 6/9/1989 constituting the Tamil Nadu Ad hoc Rules for Temporary Posts of Assistant Directors, the appellant cannot be said to be senior to Respondents 3 and 4.