S. VELMURUGAN Vs. THE DISTRICT COLLECTOR, VELLORE DISTRICT

JUDGEMENT

(1.) THESE two writ petitions were filed by the two individuals who are working as Assistants in the Taluk Office at Arcot as well as in the District Revenue Office at Vellore respectively. By an order dated 29.6.2012, their names were removed from the eligible list of Assistants in the panel for the year 2012 and promotions given to them were cancelled by the District Revenue Officer, Vellore, i.e., the third respondent. It was informed that the petitioners were not qualified in terms of Rule 30(c) of the Special Rules relating to the Tamil Nadu Ministerial Service as they have not undergone training as Junior Assistant for one year and they have been promoted from the post of Typist. Pursuant to the above order, consequential posting orders were given to them posting them as typists. When the writ petitions came up for admission on 6.7.2012, this court while directing the learned Special Government Pleader to get instructions, had granted an order of interim stay for a limited period. The interim stay came to be extended from time to time. On notice, the third respondent has filed counter affidavits, dated 15.10.2012 in both writ petitions.

(2.) HEARD both sides. The petitioner in W.P. No. 17564 of 2012 Velmurugan joined as typist on 6.8.2009 and the petitioner in W.P. No. 17565 of 2012 Kanniyappan joined as typist on 10.8.2009. Their services were regularized in the cadre of typists with reference to the date of their joining. They have successfully completed the period of probation. There were 97 vacancies in the category of Assistants in Vellore District. The crucial date for drawal of panel for the year 2012 was 15.3.2012. Proposals were called for from the subordinate officers for drawal of the promotion list and that proposals were received from the subordinate officers recommending inclusion of names of 9 Typists including the two petitioners and one Junior Assistant and one Village Administrative Officer. At that time, the department was very much concerned with the non availability of qualified candidates for promotion and appointment of large number of long pending vacancies were in the category of Assistants and that by oversight, they ignored the prescribed qualification under the special rule 30(c) in promoting 9 typists including petitioners who have not undergone the Junior Assistant Training for a period of one year. Without reference to the qualification, they were all promoted and posted as Assistants on 10.4.2012. On scrutiny of educational qualifications relating to the petitioners, it was found that all 9 typists have not undergone the Junior Assistant training as required under Rule 30(c) of the Special Rules.

(3.) THE petitioners were promoted by misreading of G.O. Ms. No. 417, P & amp; AR Department, dated 01.12.1993. The Government order did not authorise promotion of untrained typists to become Assistants without undergoing the training. In fact, by G.O. Ms. No. 16, P & amp; AR Department, dated 21.3.2002, it was stated that no typist shall be eligible for promotion as Assistant or to the post which carry the scale of pay of Assistant in any department unless he has undergone training as Junior Assistant for a period of one year without detrimental to the post of typist.