A.BOSE Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) This Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order, dated 08.03.2011 passed in letter No.42573/LS4/2010-2 on the file of the Secretary to the Government Revenue Department, Fort St., George, Chennai-9 the first respondent herein and confirming the order dated 22.02.2010 passed in R.C.N3/8788/09(LS) on the file of the Additional Director, Survey Land Records, Chepauk, Chennai-5 quash the same and consequently direct the respondents to prepare the seniority list of the petitioner in to the post of Senior Draughtsman from the year 1993 and grant all the service benefits based on the seniority list.

(2.) The case of the petitioner is that he was selected and appointed for the post of Surveyor-Cum- Draughtsman on 16.03.1983 on a consolidated pay in the District Land Survey and Land Records Department. Thereafter, from 01.07.1988 his services have been regularized and brought on time scale of pay as Draughtsman and his services have been regularized. The hierarchy of post is that the feeder category is Surveyor-cum- Draughtsman, the next promotion post is Land Records Draughtsman and further promotion post is Senior Draughtsman.

(3.) He obtained necessary qualification and also passed the departmental exams and qualified for the post of Land Records Draughtsman. He has been promoted as Land Record Draughtsman on 24.05.1990. There were many vacancies in the Virudhunagar District for the next promotion post of Senior Draughtsman during that period, he was temporarily promoted as Senior Draughtsman along with two other persons under Rule 39 A. As per the order of the third respondent, he assumed charge as Senior Draughtsman on 01.08.1991. From the date onwards he has been working as Senior Draughtsman till date. The seniority list for the year 1993 should have been drawn and published in the year 1993. At that time one Thiru.K.Seeniraj and two others, who were working as Draughtsman filed O.A.Nos.1950, 1998 and 2004 of 1991 before the Tamil Nadu Administrative Tribunal challenging the order regularizing them as Draughtsman and seeking direction to regularize them as Surveyor and interim order was granted against the seniority list for the post of Draughtsman as well as Surveyor. The above said original application came to be dismissed as withdrawn on 08.11.2001, thereafter the third respondent by its proceedings dated 17.05.2002 prepared seniority list separately for surveyors and draughtsman. Further, in his proceedings, he has been promoted as Senior Draughtsman from the year 2002 under Rule 3 E of the Subordinate Service Rules and his name already been included in the seniority list. The petitioner's services in the post of Senior Draughtsman should be reckoned from seniority panel year 1993. The stay granted in the original application is nothing to do with the drawing of panel to the post of Senior Draughtsman and what was stayed only granting promotion by drawing promotion by two panels separately for the post of surveyor and draughtsman. Under these circumstances, the seniority list has to be drawn from the year 1993 as per G.O.Ms.No.60, dated 09.02.2001 regularization in the post of Draughtsman was regularized retrospectively from 11.09.1990 without monetary benefit.