A GANESAN Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner to call for the records of the first respondent in Pro. R. No. 10195/R2/99 (E.O. No. 636/99) dated 16.10.1999, quash the same and issue directions to the respondents to fix the seniority of the petitioner in the post of Junior Assistant in Transport Department below the approved probationers of Junior Assistants, as on the date of joining duty of the petitioner in the Transport Department, i.e. 17.12.1987 and on that basis to give retrospective effect to the promotion of the petitioner as Assistant from the date of promotion of his immediate junior with consequential benefits.

(2.) THE petitioner was recruited through the Tamil Nadu Public Service Commission as Assistant in Tamil Nadu Secretariat Service w.e.f. 03.01.1985 in the Home Department. His services were also regularised with effect from the date of joining in the Home Department of Secretariat. THEreafter, he completed the period of probation on 06.01.1987. Subsequently, the petitioner made a request for transfer to Tamil Nadu Ministerial Service from the department of Secretariat. After accepting the request of the petitioner from the post of Assistant in the Home Department in Secretariat was transferred as Junior Assistant in the office of Transport Department of Tamil Nadu Ministerial Service. THE grievance crept at that point of time to the petitioner was while the petitioner was transferred from the post of Assistant in Home Department, Secretariat to the Transport Department of Tamil Nadu Ministerial Service as Junior Assistant, he should be placed in the bottom of the approved probationers list.

(3.) THE learned Government Advocate would further submit that the petitioner on his own interest made a request to transfer him from the Department of Secretariat to Transport Department and after placing his request transfer from the Secretariat Department to the Transport Department, again, he made a written request requesting the Department to refix his seniority with reference to his original appointment and place him before Thiru S. Nagaraju, who had joined as Junior Assistant on 18.12.1985 in Sl.No.8 of the panel issued in Transport Commissioner's Proceedings No.118328/R3/90 dated 07.12.1990. His original representation was already examined and his seniority was refixed as Sl.No.195-A in between Sl.No.195-196 of seniority list communicated in R.No.R3/126035/91 dated 27.07.1992. THE same was also communicated to him and after accepting the same, he was subsequently got promoted from the post of Junior Assistant to the promotional post of Assistant in the year 1994. In this case, the seniority of the individual was refixed and communicated in Proceedings No. R3/126035/91 dated 27.07.1992, but the representation for revision of seniority has been received only on 27.07.1999 after the lapse of seven years. As the representation for revision of seniority was received after the stipulated period of three years, the request could not be complied with as per Rule 35(f) of Tamil Nadu State and Subordinate Services Rules. THErefore, the respondents has rightly passed the impugned order declining the claim of the petitioner under Rule 35(f) and on that basis he prayed for dismissal of the petition.