GOVERNMENT OF TAMIL NADU Vs. S ARUMUGHAM

JUDGEMENT

(1.) These appeals arise from the order dated 30-4-1991 of the Tamil Nadu Administrative Tribunal in O.A. Nos. 1969, 3631, 3975, 3976 all of 1990 and O.A. No. 192 of 1991. All these applications had been filed by persons who were working as Superintendents in the office of the Director of Urban Land Ceiling and Urban Land Tax. They challenged G.O.Ms. No. 145 (Revenue), dated 29-1-1990 issued by the appellant-State of Tamil Nadu increasing the quota of Superintendents working in various specified offices for deputation as Tehsildars in the Tamil Nadu Revenue Subordinate Service since they were not satisfied with the quota for which they were eligible. The Tribunal has set aside G.O.Ms. No. 145 (Revenue), dated 29-1-1990 and has directed the appellants to review their scheme as far as the Secretariat staff is concerned and has directed them to evolve a different scheme which would give the staff a wider perspective in all aspects of executive works which, according to the Tribunal, would be more useful to the staff in the Secretariat working in different departments. The Tribunal has also directed all Revenue Officers to be clubbed into one group and for the manner of deputing officers from that group it has also given directions as to how such grouping could be made. The decision of the Tamil Nadu Administrative Tribunal has been challenged by the appellants before us.

(2.) Those who have been deputed as Tehsildars become eligible for further promotion as Deputy Collector in the Tamil Nadu Civil Service. The post of Tehsildar is governed by the Tamil Nadu Revenue Subordinate Service Rules. Recruitment to this post is from two sources - (1) by promotion from Deputy Tehsildars in the Tamil Nadu Revenue Subordinate Service, or (2) by deputation from amongst Section Officers in the Secretariat and the Superintendents in the office of the Board of Revenue (Land Revenue), Board of Revenue (Food Production), Board of Revenue Settlement of Estates, the Commissioner of Civil Supplies, the Director of Service Settlements, the Director of Harijan and Tribal Welfare, the Director of Backward Classes, the Director of Rehabilitation, the Commissioner of Agricultural Income-tax, the Director of Urban Land Ceiling and Urban Land Tax and the Board of Revenue (Land Reforms), who had rendered satisfactory service as such for two years and who are otherwise qualified for appointment as Tehsildars. The Board of Revenue was abolished with effect from 1-12-1980 by reason of the Tamil Nadu Board of Revenue (Abolition) Act of 1980. Prior to its abolition the Board of Revenue comprised the following branches:-

(3.) Under G.O.Ms. No. 276 (Revenue), dated 31-1-1950 the appellants decided that the Superintendents of the Secretariat and the Superintendents of the Board of Revenue who were qualified for appointment as Tehsildars in the Madras Revenue Subordinate Service under the existing rules shall, instead of being appointed to the Madras Revenue Subordinate Service as was then being done, be deputed to undergo training in the districts for a total period of three years in the Madras Revenue Subordinate Service, namely, six months as Deputy Tehsildars, six months as Stationary Sub-Magistrate and two years as Tehsildars. They should then be reverted to the Secretariat or the Board of Revenue, as the case may be, and be considered for inclusion in the Deputy Collectors' list. The G.O.Ms. further stated that in order to safeguard the prospects of the men in the mofussil the deputation of the city-men working in these offices should be restricted to 3 or 4 a year. The number was subsequently restricted to 3 per year. Under G.O.Ms. No. 1154 (Revenue), dated 16-4-1959 the number of Superintendents to be so deputed as Tehsildars was increased from 3 to 6 per year. By another G.O.Ms. No. 2584 (Revenue), dated 4-9-1959 the Government reserved two posts out of six for the Revenue Secretariat on the ground that the training of Superintendents of the Revenue Secretariat in the Madras Revenue Subordinate Service will increase the standard of efficiency in the Revenue Secretariat which is concerned with most of the subjects that are dealt with by Tehsildar/Deputy Tehsildar in the district.