A RAMAKRISHNAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) AFTER the petitioner's appointment as a Surveyor on 13.02.1975 in the Department of Survey and Land Records, he was promoted as Sub Inspector of Survey on 07.12.1982. Whileso, the 4th respondent joined as Filed Surveyor in the Urban Land Tax Department only in the year 1986. Thereafter, he was promoted as Sub Inspector of Survey and Land Records. The 4th respondent made a request for transfer from Urban Land Tax Department to the Department of Survey and Land Records. On accepting his request, he was transferred to the department of Survey and Land Records in the year 1986. Thereafter, by G.O.Ms.No.198, Commercial Tax and Religious Endowment Department, dated 26.02.1986, the service of the 4th respondent was regularised with retrospective effect from 12.09.1973 from the date of his initial appointment.

(2.) THE grievance raised by the petitioner is that when the petitioner was appointed as Field Surveyor in the Department of Survey and Land Records on 13.02.75, the 4th respondent, whose services were regularised, by G.O.Ms.No.198, dated 26.02.1986, cannot be regularised with effect from 12.09.73 and be promoted as Sub Inspector of Survey on 01.13.88. His further contention is that when the 4th respondent joined in the department of Urban Land Tax Department, which is different from the petitioner's Department of Survey and Land Records, the services of the 4th respondent should be regularised only from the date of his joining in the petitioner's department as his seniority has to be fixed only at the bottom of the District Seniority list of Field Surveyor. It was further submitted that there was no necessity to absorb the 4th respondent in the petitioner's department, and only in order to include the 4th respondent, the impugned order has been passed without giving notice to the affected persons. On that basis, the impugned order dated 26.02.86, passed in G.O.Ms.No.198 was challenged by filing Original Application on the file of the Tamil Nadu Administrative Tribunal.

(3.) THE petitioner was appointed as a Field Surveyor on 13.02.1975 in the Department of Survey and Land Records in Kancheepuram District. Subsequently, he was promoted as Sub-Inspector of Survey and Land Records in Kancheepuram District on 07.12.1982. In the year 1984, the petitioner has submitted his request for transfer from Kancheepuram District to Chennai District. Accepting his request for transfer, he was transferred to Chennai with a condition that he will take last rank in the seniority list of Sub-Inspector of Survey and Land Records in Chennai. THErefore, his seniority has to be reckoned only with effect from the date of his joining in Chennai as Sub-Inspector of Survey and Land Records.