M.RAJA Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) The petitioner challenges an order of the second respondent in Roc.No.03/2021 dtd. 2/6/2021 whereby the petitioner was informed that his promotion to the post of record clerk would be considered in accordance with seniority.

(2.) The petitioner states that the post of record clerk by way of transfer of service is required to be filled up in accordance with seniority. However, in the year 2017, in contravention of the rules, selection was made on the basis of a test. Although there were 15 vacancies and the petitioner would have qualified if the appointment had been made on the basis of seniority, the petitioner failed to m a k e t h e c u t b e c a u s e h e d i d n o t s e c u r e s u f f i c i e n t m a r k s .

(3.) When the petitioner approached this Court earlier and requested that he be promoted to the post of record clerk, this Court, by order dtd. 16/4/2021 in W.P.No.3204 of 2021, noticed that recruitment by transfer of service to the post of record clerk would be governed by the Tamil Nadu General Subordinate Service Rules. The petitioner says that this court also recorded the concession of the standing counsel for the respondents that such rules do not envisage selection for such post by administering a test. Consequently, it is contended that the failure to promote the petitioner in the year 2017 was based on contravention of the relevant rules and has caused great prejudice to the petitioner.