S DEVARAJAN Vs. DIRECTOR OF RURAL DEVELOPMENT

JUDGEMENT

(1.) The petitioner was appointed as Jr.Assistant at Harur Panchayat Union on compassionate ground by the proceedings dated 18.04.1985. He joined office as Junior Assistant on 22.04.1985. Thereafter, by the Government Order in G.O.Ms.No.377 Rural Development Department (E-5) dated 09.05.1990, the petitioner's appointment was ratified and petitioner's services were regularised in the cadre of Junior Assistant w.e.f. 22.04.1985 with retrospective effect by the proceedings of the second respondent i.e. District Collector of Dharmapuri District dated 09.12.1986 and thereafter, his probation was declared in the cadre of Junior Assistant w.e.f. 14.11.1990, as per G.O.(I.D.) No.250 Rural Development(E-7) Department dated 14.05.2003. The said Government Order was passed since the petitioner has passed the prescribed Departmental Test beyond five years from the date of joining duty as Junior Assistant.

(2.) The petitioner was promoted as Assistant on 14.10.2003. Thereafter, on 12.02.2004 the second respondent published the seniority list by placing the petitioner in the year of 2003 list. Being aggrieved against the same the petitioner made an appeal to the second respondent seeking to place him in 1991 list of Assistants based upon the seniority of the petitioner in the feeder category of Junior Assistant. The second respondent by the order dated 28.10.2004 has allowed the appeal filed by the petitioner in part by fixing the seniority of the petitioner in 1995 list of Assistants by holding that the petitioner has not acquired the service qualification of completion of one year service in each category of Rural Welfare Officer Grade-II and Junior Assistant. Challenging the said order an appeal was filed by the petitioner before the first respondent on 30.11.2004 and since no orders have been passed by the first respondent, the petitioner filed the present writ petition seeking to set aside the order of the second respondent dated 28.10.2004 and for a further direction to place the petitioner in the year 1991 list of Assistants.

(3.) Mr.V.Suthakar, the learned counsel for the petitioner submitted that the issue raised in the writ petition has been covered by the judgment rendered by this Court in W.P.Nos.47872 and 47885 of 2006 and 7791 of 2007. The said judgments have been subsequently followed by the order passed in W.P.No.12362 of 2007 dated 24.10.2007, wherein this Court was pleased to hold that notwithstanding the rule which prescribes that a Junior Assistant will have to work as Rural Welfare Officer Grade-II before being considered for promotion as Assistant. The said rule cannot be insisted for no fault of the concerned Junior Assistant who was not posted as Rural Welfare Officer Grade-II. This Court was pleased to observe that the said condition is only a condition pertaining to the experience and there is no other condition such as passing of the required test. Before, being considered for the promotional post, since the Junior Assistant does not have any control over the posting as Rural Welfare Officer Grade-II, the said condition cannot be insisted for depriving his original seniority fixed in the list of Junior Assistant. Hence, the learned counsel for the petitioner states that the writ petition is to be allowed.