S SANKARA KUMARASAMY PANDIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner is working as an Assistant in the Taluk Office at Sangagiri, Salem District. He filed O.A.No.7415 of 2000 challenging the approved list of Deputy Tahsildars prepared for the year 1998 issued by the 1st respondent District Collector, Salem dated 8.7.1999. THE panel comprised of 16 Assistants who are likely to be promoted as Deputy Tahsildar.

(2.) IN the Original Application, Notice of Motion was ordered on 11.10.2000. IN view of the abolition of the Tribunal, the matter stood transferred to this Court and renumbered as W.P.No.40861 of 2006. IN the Original Application, the petitioner has impleaded the respondents 3 to 6 as alleged juniors, whose names were included in the panel. But, neither before the Tribunal nor before this Court, any efforts were taken to serve those contesting respondents.

(3.) ON notice from the Tribunal, the 1st respondent District Collector filed a counter affidavit dated 3.4.2002. In the counter affidavit, it was stated that the petitioner did not come within the zone of consideration and therefore his name was not included in the list. It was also stated that there cannot be a further immediate classification between members belong to M.B.C/Denotified Community, as both the communities comes under the same caption. Therefore, in paragraph 13, it was stated that 20% reservation is for both M.B.C as well as De-notified tribes. Hence, the petitioner's contention that when the first turn comes for M.B.C turn, the next turn should be De-notified Tribes cannot be accepted.