S PALANIDOSS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner challenged the impugned order passed by the 2nd respondent in Pro.Rc. No. 93445/96/C2, dated 11.03.1997, as confirmed by the 1st respondent in Lr.No.74000/T & A.I/97-7, dated 27.07.1998, seeking to quash the said orders with a consequential directions to the respondents herein to include the name of the petitioner on top of the panel for promotion as Accountant for 1996 in Tirunelveli District Treasury Unit and promote the petitioner as Accountant with retrospective effect from 04.04.1986, with consequential benefits, and consequently include his name in the panel for promotion as Superintendent, Grade II, with reference to his seniority in the post of Accountant as on 04.04.1986.

(2.) AFTER the petitioner's selection through TNPSC as Junior Assistant, he was allotted to the Treasuries and Accounts Department in the Kanchipuram District Treasury Unit on 24.08.1997 and after completion of the period of probation satisfactorily on 21.01.1980, he was transferred at his own request to Tirunelveli District Treasury Unit and joined duty on 18.08.1980. Again, he was transferred to District Treasury Unit, Ramanathapuram on administrative grounds. While serving as Accountant in Ramanathapuram, in spite of his relinquishment for three years in Tirunelveli District Treasury Unit temporarily, he was promoted as Accountant on 03.04.1986. Thereafter, he joined as Accountant on 04.04.1986 and continued to serve as Accountant till 30.01.1989.

(3.) PER contra, learned counsel appearing for the respondents submits that the petitioner has applied for departmental transfer to Education Department and with the concurrence of the Tamil Nadu Public Service Commission, he was transferred to the Education Department as per the Director of School Education, Chennai, in his proceedings Rc.No.127559/C6/88, dated 21.12.88. After relieving from the Treasuries and Accounts Department on 01.02.89, he joined duty as Junior Assistant at the District Institute of Education and Training, T.Kallupatti, Madurai District, on 06.02.89. After some time, the petitioner made another request for departmental transfer to Treasuries and Accounts Department and therefore, with the concurrence of the TNPSC, he was transferred to Treasuries and Accounts Department, at his own request as per the Director of Treasuries and Accounts proceedings No.Rc.78558/93/C3, dated 07.09.93 and the Director of School Education proceedings No.Rc.24682/C6/93, dated 07.10.93. Thereafter, the petitioner joined duty on 28.10.93 as Selection Grade Junior Assistant. Since the petitioner got departmental transfer on his own request from one place to another place, that too, with the concurrence of the TNPSC, the petitioner has no service right whatsoever in Treasuries and Accounts Department from 01.02.89 onwards. In such a situation, his services in the Treasuries and Accounts Department from 28.10.93 has to be treated as fresh appointment. Therefore, he has no right at all regarding his past services in the Treasuries and Accounts Department, prior to his joining in Education Department. Therefore, as per Rule 20(a)(iii) of the Tamil Nadu Ministerial Service Rules, when he was transferred with the concurrence of the TNPSC to serve as Junior Assistant, he has no service right in Treasuries and Accounts Department to post him as Accountant in Tirunelveli District. On that basis, prayed for dismissal of the writ petition.