SIVAKUMAR Vs. SECRETARY P AND AR DEPARTMENT

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking to challenge an order of the first respondent in G.O.(D)No.116, P&AR Department, dated 18.08.2010 and after setting aside the same, seeks for a direction to the third respondent, i.e., Principal Chief Conservator of Forest, Chennai to include the name of the petitioner in the panel fit for promotion to the post of Foresters on being appointed on transfer from the Tamil Nadu Ministerial Service for the year 2007-08 and to promote him as Forester from the date on which his juniors were promoted.

(2.) THE petitioner is working as a Junior Assistant on compassionate ground on account of death of his father while in service. THE petitioner had studied upto SSLC. THEreafter, he had joined M.A. in the Annamalai University under the Open University System. He had passed out during December, 2003. According to the petitioner, under the Tamil Nadu Forest Subordinate Service, the post of a Forester can be filled up only either by direct recruitment or recruitment by transfer from the members of the Tamil Nadu Ministerial Service or by promotion from among the holders of the post of Assistant Draughtsman. He also claimed that 4% quota was fixed for staff to be appointed on transfer from the Ministerial Service and 1% from the Assistant Draughtsman.

(3.) ON notice from this Court, the respondents have filed a counter affidavit, dated 9.3.2011. In the counter affidavit, it was contended that the petitioner did not possess degree as required under the rules and that the degree obtained in M.A by Open University System without obtaining basic degree cannot be considered as equivalent. Though the petitioner cited the case of one Elango, an Assistant Draughtsman, it was stated that he was in possession of SSLC as well as Diploma in Civil Engineering. Therefore, his name was considered in the panel. Hence the respondents prayed for dismissal of the writ petition.