P J WILSON Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has come forward with this petition challenging the order of the respondent dated 22.09.2000 passed in his proceedings in No.1516/E2/2000 and consequentially directing the respondent to promote the petitioner to the post of Deputy Commissioner of Civil Supplies with effect from 01.01.1994 and to pay all arrears of salary, revision and terminal benefits and pension.

(2.) THE case of the petitioner is that he has entered in the service on 05.01.1960 as Assistant (Auditor) in Local Fund Audit Department. THEreafter, he was transferred to the Civil Supplies Department on 10.06.1966. In the civil supplies department, interse seniority of the employees was not fixed since the employees were drawn from various departments and the same resulted in denial of promotional avenues of the employees. THErefore, the Commissioner of Civil Supplies had sent a proposal to the Government regarding fixation of interse seniority among the employees drawn from various other departments. THE Government considered the said proposal and passed G.O.Ms.No.231, dated 03.10.1978, wherein, in paragraph 1(iii), the proposal was extracted and in para 2(iii), the proposal was accepted. THE Government in Letter No.866/E2/82, Co-operation and Food Department, dated 26.11.1982 has issued guidelines for the drawal of norms with requisite qualification and their seniority for the feeder post with effect from 1978. As per the G.O.Ms.No.231, the interse seniority has to be fixed based on the date of his first appointment, namely, on 05.01.1960 in the present department (Local Fund Audit Department).

(3.) THIS Court carefully considered the rival contentions put forward by either side and also perused the entire materials available on record including the impugned order passed by the respondent dated 22.09.2000.