STATE OF TAMIL NADU Vs. S SUNDERARAJ

JUDGEMENT

(1.) Application for impleadment are dismissed.

(2.) The High court ordered at the end of the judgment that on the basis of the earlier guide-lines set out in the judgment, the assistant Commercial Tax Officers bearing s. Nos. 129-519 in the impugned seniority list could be placed above the writ petitioners who were direct recruits in inter se seniority list only if they had held the post substantively within the permanent cadre strength allotted to the particular category even before the writ petitioners commenced their probation.

(3.) In these appeals by the State government, there is no quarrel regard to the guide-lines 1 to 4 quoted above. The dispute raised by the State government is with reference to the last direction given by the high court with regard to the Assistant commercial Tax Officers bearing S. Nos. 129 to 519 in the impugned seniority list. Specific objection is taken against the use of the expression "permanent cadre strength". It is contended that the cadre consists not only permanent posts but also temporary posts. It is argued by the learned counsel for the State government that as regards the direct recruits, they were recruited only for permanent posts but with regard to the transferees from other services, they were appointed not only to permanent posts but also to temporary posts. It is the contention of the learned counsel that all these persons who are holding the temporary posts prior to the appointment of the writ petitioners should also to considered for the purpose of fixing the seniority and they should not be omitted out of consideration. Learned counsel for the State contended that temporary appointment to permanent post is different from regular appointment to a temporary post.