GOVERNMENT OF TAMIL NADU Vs. M N RAGHUNATHAN

JUDGEMENT

(1.) THIS writ appeal is against the order passed by Mohan, J., in W.P. No. 5947 of 1975. It is unnecessary for us to elaborately state the facts of the case. Suffice it to say that the respondent herein became the regularly appointed Assistant by virtue of the exemption granted to him in G.O.Ms. No. 2247, Revenue, dated 28th December, 1967. As per this Government order, the respondent was exempted with effect from the date of the said order of the Government from passing the Revenue Tests, Parts I and III, so as to enable him to be-regularly appointed as an Assistant in the Board of Revenue. Tt is the admitted case that the respondent is a confirmed Assistant by virtue of the said Government Order. It is also admitted that the respondent has passed Part II of the Revenue Test. Subsequently, the respondent was promoted as Superintendent in the very same Department. When the Board of Revenue sought the concurrence of the Government as regards the confirmation of the respondent as Superintendent, the Government issued a show cause notice to the respondent as to why the promotion of the respondent as Superintendent should not be cancelled on the ground that he had not passed the required examinations and also on the ground that the exemption granted will enure only for regularising him as Assistant in the Board of Revenue and ultimately, the Government canceled the proceedings of the Board dated 20th June, 1972. It is as against this order of the Government the respondent filed W. P. No. 5947 of 1975. The learned Judge of this Court held that once the exemption is granted, whereby the respondent was not required to pass Parts I and III of the Revenue Test, that exemption should be made available not only for the particular post which required those qualifications but even for further promotion unless there is something to indicate to the contrary. With these observations the learned Judge allowed the writ petition by quashing the impugned order. It is as against this Order of the learned Judge, the Government has preferred the above writ appeal.

(2.) ACCORDING to the learned Government Pleader, the exemption granted will enure only to the post of the Assistant and if the respondent has to be promoted as the Superintendent, he has to qualify himself by passing the prescribed tests for the said post, that is, Parts T and III of the Revenue Test apart from the other qualifications required for the same.

(3.) RULE 30 (b) of the Tamil Nadu Ministerial Service RULEs, states that no member of the service shall be eligible for promotion to any of the posts mentioned in column (i) of Annexure IV unless and until he has passed the special tests or undergone the training, if any, specified in the corresponding entry in column 2 thereof.