G ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners were working as Executive Officers Grade III in Hindu Religious and Charitable Endowments Administration Department, herein after called as HR & CE Department on 25.9.1971 and 15.5.1970 respectively. Under G.O.Ms.No.61, dated 2.3.1994, 'amendment to Sub-Rules of the Tamil Nadu Hindu Religious and Charitable Endowments Administration Service was brought into effect, by which in Sub-Rule (1) of Rule 2 of the said Sub-Rules, certain additional entries to the following effect were made: "In the said Special Rules, in Rule 2. (1) in sub-Rule (1), in the table, the following entries shall be added at the end in Columns (2) and (3) respectively, namely:- (iii) By recruitment by transfer from among the law graduates of the Tamil Nadu ministerial Service and Tamil Nadu Hindu Religious an Charitable Endowments Subordinate service in the Hindu Religious and Administration Department in the following order of preference:- (i) Must possess a B.L. Degree or any other Degree equivalent to B.L. Degree (ii) Must have completed 15 years of regular service in the Tamil Nadu Ministerial Service or in the Tamil Nadu Hindu Religious and Charitable. Consequent to the above said amendment for Sub-Rule (c), a new Sub-Rule came to be substituted to the following effect: - (c) Vacancies in the category of 'Assistant Commissioners both substantive and temporary shall be filled in the preparation specified be low:- (i) 60% by recruitment by transfer (ii) 20% by recruitment by transfer from among the members of the Tamil Nadu Ministerial Service and Tamil Nadu Hindu Religious and Charitable Endowments Subordinate Service in the Hindu Religious and Charitable Endowments Administration Department who possesses degree in Law and have completed 15 years of regular service in the above department (iii) 20% by direct recruitment 2. Both the petitioners had the necessary qualification, namely, B.L.Degree apart from the required experience as provided under the amended Sub Rules of G.O.Ms.No.61, dated 2.3.1994. By G.O.Ms.No. (3D) .No. 16 CT & RE Department, dated 10.5.1994, the first respondent herein fixed the estimated vacancies' for the post of Assistant Commissioner, HR & CE Administration Department for the year 1994 to be filled up by direct recruitment recruitment by transfer from among the law graduates in service in HR & CE Administration Department and by recruitment by transfer from among the Superintendents/Managers and Executive Managers Gr.I of HR & CE Administration Department for the year 1994.1995 at Two, four and Thirteen respectively.

(2.) THE second respondent herein submitted the proposals for the drawal of temporary list of Officers fit for appointment as Assistant Commissioners from among the Superintendents/Managers and Executive Officers Gr.I and also by recruitment of transfer from among the law graduates in the service of HR & CE Administration Department.3. Based on the proposal of the second respondent dated 20.4.1994 and 21.5.1994, by G.O.Ms.No.225, dated 18.7.1994, 17 persons including the petitioners who were included in the list of temporary officers for appointment as Assistant Commissioners for the year 1994-95 in the order of preference specified therein.

(3.) THE said Rule 2(A) reads as under: "2(A): THE crucial date for possessing the prescribed qualification for appointment to any of the posts in the service by promotion or by recruit by transfer shall be the first October of each year".7. A perusal of the reply affidavit filed on behalf of the respondents before the third respondent, as well as, the counter affidavits filed in the above said writ petitions do not refer to any other provision in the sub rules or any other Government Order referring to the said date for the purpose of preparation of the panel for promotion either by way of recruitment or transfer. Though the respondents would claim that the crucial date for the drawal of panel of Assistant Commissioners in HR & CE Administration Department for the year 1994-95 was 1.10.1993, in support of the said stand, reliance was placed only upon G.O.Ms.No.291 CT & RE Department dated 26.3.1986 as has been stated in paragraph 15 of the counter affidavit filed on behalf of the respondents in these Writ Petitions which is to the following effect:- ".15.