(1.) IN the State of Tamil Nadu, the Assistant Public Prosecutors, in the City of Madras are governed by the Madras General Service Rules and they form a separate Class the Assistant Public Prosecutors in the mofussil are governed by the Madras General Subordinate Service Rules. Prior to the coming into force of the Code of Criminal Procedure, 1973, there were two categories of Assistant Public Prosecutors. They were designated as Chief Assistant Public Prosecutors and Assistant State Prosecutors. Since the new Code of Criminal Procedure provided for appointment of Assistant Public Prosecutors and no category as Chief Assistant State Prosecutors, in G.O. Ms. No. 977, Home, dated 31st May, 1977, the rules were amended to the effect that wherever "Chief Assistant State Prosecutor" is referred to in the Madras General Service Rules, it shall be read as "Assistant Public Prosecutor-I (Metropolitan) "and where ever "Assistant State Prosecutor" is mentioned it should be read as "Assistant Public Prosecutor II (Metropolitan)". There were two categories of Assistant Public Prosecutors in the mofussil, viz., "Assistant Public Prosecutor, Grade I" and "Assistant Public Prosecutor, Grade II".
(2.) THE Madras General Service Rules, as amended in G.O. Ms. No. 2575, Home, dated 13th October, 1969, provided three methods of recruitment for Assistant Public Prosecutors II (Metropolitan). THEy are - (i) appointment from among the Assistant Public Prosecutor, Grade I (ii) recruitment by transfer from among the Assistant Public Prosecutors, Grade II, and (iii) direct recruitment.
(3.) SOMETIME in the year 1977, on the basis that certain Assistant Public Prosecutors, Grades I and II in the districts have given their willingness to be considered for appointment as Assistant Public Prosecutors, II (Metropolitan) their names were considered with reference to the recommendation made by the respective Collectors and ten persons, of whom seven have been impleaded as respondents 3 to 9 in W.P. No. 1403 of 1977, were selected by the Government for appointment as Assistant Public Prosecutors II (Metropolitan) in and by G.O. Ms. No. 1364, Home (Courts VI) Department, dated 7th May, 1977. Three candidates who were selected and who have not been impleaded are stated to have expressed their unwillingness and have not taken charge. It appears that at the time when this recruitment was made by the Government, there were seven permanent and ten temporary posts of Assistant Public Prosecutors, II (Metropolitan), in Madras city. Of these seventeen posts, one post was held by an approved probationer in the category of Assistant Public Prosecutor II. The remaining sixteen posts of Assistant Public Prosecutors, II (Metropolitan) were being held by temporary personnel from varying dates, the earliest being from April, 1971.