S JANAKIRAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner challenges the proceedings of the Tamil Nadu Public Service Commission dated 14 September 2007 and 30 November 2007 whereby and whereunder the Application submitted by him for reappointment was agreed to subject to the condition that he has to forego his seniority and will be treated as junior most person in the service of the Commission.Background facts:

(2.) THE Petitioner was selected by the Tamil Nadu Public Service Commission, (hereinafter referred to as TNPSC) for appointment to the post of Grade IV services. Accordingly, he was appointment as Junior Assistant cum Typist and was allotted to the office of the Commissioner of Agriculture, Chennai. He joined the said service on 10th August 2001. THE Petitioner was also an Applicant for the Combined Subordinate Services Examination and he passed the said examination. Subsequently, the Second Respondent issued an order of appointment as per proceedings dated 27 August 2001, appointing him as Assistant in the Office of the Tamil Nadu Public Service Commission. Accordingly, the Petitioner was relieved from the post of Junior Assistant cum Typist by the Commissioner of Agriculture and he joined the Tamil Nadu Public Service Commission as Assistant on 14th September 2001.

(3.) THE Second Respondenet has filed counter wherein it was indicated that the case of the Petitioner was one of reappointment falling under the scope of Rule 9(a) of the General Rules of the Tamil Nadu State and Subordinate Service Rules. THE Petitioner on his own wish went back to his parent Department and once gain expressed his willingness to return to the office of the Tamil Nadu Public Service Commission for reasons best known to him, Rule 9(a) of the General Rules of the Tamil Nadu and Subordinate Service under which the case has to be dealt with does not provide for retention of the original seniority in the case of reappointment. It was only in the said circumstances, the Petitioner was asked to forego his seniority in case he wants to get reappointment as Assistant. THErefore, there was nothing wrong in the proceedings impugned in this Writ petition.