K MADALAIMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These three appeals arise from the common judgment and order dated 24th December, 2001 passed by the Division Bench of the Madras High Court in Writ Petition Nos. 16806/98, 1548/99 and 1549/99. One K. Madalaimuthu was the petitioner in the first two writ petitions, while one A. Arumuga Nainar was the petitioner in the third writ petition. Both of them had similar interests and the reliefs prayed for were also similar and were thus disposed of by the common judgment referred to above. Since these appeals arise out of a common judgment and order passed by the Madras High Court, they have been clubbed together, heard together and are being disposed of by this common judgment.

(2.) The appellants belong to the Tamil Nadu Registration Services and are said to be working as Assistant Inspector General of Registration. Their services are governed by the Tamil Nadu State and Subordinate Services Rules, 1955 (hereinafter referred to as "the General Rules") and by the Tamil Nadu Registration Services Rules, 1969 (hereinafter called "the Special Rules"). In 1969, the Special Rules provided for two classes of officers. Class I comprised the Inspector General (Registration). Class II provided for two categories, namely, Inspector of Registration Officers, and District Registrars. Subsequently, the categorization was modified and the District Registrars were placed in the third category. The method of recruitment of District Registrars is either by direct recruitment or recruitment by transfer from Tamil Nadu Registration Subordinate Service. According to the appellants, the recruitment for the post of District Registrar comes under the purview of the Tamil Nadu Public Service Commission and the Special Rules had originally provided that substantive vacancies of District Registrars were to be filled or reserved to be filled by direct recruitment and by recruitment by transfer from the Madras Registration Subordinate Service in the proportion of 1:5, provided that the number of substantive vacancies filled or reserved to be filled by direct recruitment was not to exceed three at a given time. It is the further case of the appellants that the Special Rules were amended on 26th April, 1972, whereby the proportion of 1 : 5 was omitted and it was substituted by the condition that substantive vacancies of District Registrars were to be filled or reserved to be filled by direct recruitment and by recruitment by transfer from the Tamil Nadu Registration Subordinate Service in such manner that there would be at least three directly recruited District Registrars in position at any given time and this would be exclusive of directly recruited District Registrars occupying higher posts in the department or outside. It was also stipulated that if in any particular year, a direct recruit was to be appointed, he was to be given the first vacancy.

(3.) In 1981, 1982 and 1984, the Government prepared a temporary list of officers who were fit for appointment by transfer to the post of District Registrar, pending finalization of the regular list in consultation with the Tamil Nadu Public Service Commission. It is the case of the appellants that the said temporary list for the year 1981 consisted of 34 Sub-Registrars and the lists for the years 1982 and 1983 consisted of 36 and 25 Sub-Registrars, respectively. Subsequently, temporary appointments were made under Rule 10 (a) (i) (1) of the General Rules which reads as follows:-