G VASUDEVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was appointed as Junior Assistant on compassionate ground by an order dated 24.01.1982 of the third respondent, since his father, who was working as Junior Assistant in the Rural Development Department was medically invalidated from service on 17.09.1981. While so, after 19 years of his service, the third respondent passed the impugned order dated 06.06.2001 appointing him as Record Clerk with effect from 28.01.1982. The reason for demoting him from Junior Assistant to Record Clerk is that while the post of Junior Assistant comes under the purview of the Tamil Nadu Public Service Commission, the post of Record Clerk comes outside the purview of the Tamil Nadu Public Service Commission and the compassionate appointment in the case of medical invalidation could be given only to post that comes outside the purview of Tamil Nadu Public Service Commission. The said order was passed after issuing a show cause notice dated 05.03.2001. The petitioner filed Original Application in O.A.No.3822 of 2001 before the Tamil Nadu Administrative Tribunal seeking to quash the aforesaid order dated 06.06.2001.

(2.) While ordering notice of motion in the Original Application on 20.06.2001, the Tribunal granted interim stay. Pursuant to the order of interim stay, the petitioner continued in service as Junior Assistant.

(3.) The respondents filed reply affidavit refuting the allegations made by the petitioner. The respondents have sought to sustain the impugned order based on the reasons given in the reply affidavit..