D CHANDRASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petition is directed against the impugned Government Order dated 01.11.2001, by which the Government, on considering the representation of the Petitioner, has rejected his claim to include him in the list of seniority for the post of Assistant for the year 1995-96 and the subsequent order of the second Respondent dated 01.02.2007, by which the claim of the Petitioner for seniority in the post of Assistant from the year 1995 came to be rejected under Rule 36(a) on the ground that even in respect of the post of Junior Assistant, he has not completed his probation successfully and also for direction against the Respondents to promote the Petitioner as Assistant with effect from 22.01.1996 with all consequential and other benefits.

(2.) The Petitioner was initially appointed as Office Assistant on 03.06.1980 and subsequently, promoted as Junior Assistant on 30.01.1995, on acquiring higher qualification on the basis of panel prepared for the year 1992-93 and he was ultimately posted in the District Forest Office, Trichy Division.

(3.) The impugned orders are challenged on various grounds, including that the same is arbitrary and illegal and opposed to Rule 34 of the Tamil Nadu Ministerial Service, since in spite of his passing of the tests required, he has been held over; that G.O. Ms. No. 43 dated 15.02.1994, is not applicable to him, which alone requires the training in Bhavanisagar Training Center, and for the vacancies relating to the period from 1991-92 viz., from 15.02.1991 to 14.03.1992, G.O. Ms. No. 43 dated 15.02.1994 is not applicable.