M MECNAKSHISUNDARAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Appeal is directed against the judgment of a learned single Judge in W. P. No. 1357 of 1989, which was dismissed on 5. 10. 1989. With a view to appreciate the controversy regarding the seniority of the district Munsifs-cum-Judicial Magistrates, it would be relevant to have a short perspective of the historical background.

(2.) THE posts of Judicial First Class Magistrates and judicial Second Class Magistrates formed part of the Tamil Nadu State magisterial Service and the posts of District Munsifs were comprised in the tamil Nadu State Judicial Service. After the coming into force of the Code of criminal Procedure, 1973, the posts of Sub Magistrates and Additional First class Magistrates were re-designated as Judicial Second Class Magistrates and judicial First Class Magistrates. On 31. 1. 1976, the Government of Tamil Nadu issued directions to the effect that the posts of Judicial Second Class magistrates be upgraded as Judicial First Class Magistrates and that the upgraded posts should also be integrated with the cadre of District Munsifs to form one cadre under the Tamil Nadu State Judicial Service. It was also directed that the District Munsifs should be re-designated as District munsifs-cum-Judicial Magistrates. THEse administrative decisions of the government necessitated amendments to the Tamil Nadu State Judicial Service rules for which proposals were invited to formulate the principles on which such integration could be implemented. THEre was a great deal of exchange of correspondence in the process of consulting and ascertaining the views of the high Court and the Tamil Nadu Public Service Commission. After the process of consultation, the impugned Government Order, G. O. Ms. No. 2196, Home (Courts-I)Department, dated 6. 10. 1988 was issued in exercise of the powers conferred under Art. 234 and the proviso to Art. 309 of the Constitution of India. THE grievance of the appellants relates to Clause 7 to the Government Order by which the third proviso was added to Rule 20 of the Tamil Nadu State Judicial service Rules, which shall be referred to in the later part of this judgment.

(3.) WHEN the process of selection was undertaken by the tamil Nadu Public Service Commission, some of the appellants also took their chance for selection for the regular appointment as District Munsifs and appeared before the Public Service Commission, but they were not selected.