P MURUGAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) Heard the learned counsel for the parties. The petitioner has prayed for quashing G.O.Ms.No.215, P & AR (F) Department dated 27.6.95. The relevant facts are as follows:

(2.) The petitioner is working as an Office Assistant under the 2nd respondent. He had joined the service of the 2nd respondent as a Masachlis on 22.9.1993. Thereafter, he was promoted to the post of Office Assistant on 1.11.1994. The aforesaid post is governed by the Special rules for Tamil Nadu Basic Service and comes under Category No.5. Before the impugned G.O.was issued, an Office Assistant or an Attender could be promoted to the next higher category, i.e., to the category of Process Server. As per the present G.O. issued by the Government, amending the rules, in sub-rule (a) as subtitled, for the entry in column (1) against the entry "all categories under class III in column (I), the following entries are substituted, namely:- "Direct recruitment or recruitment by transfer from any other service or transfer from class IV. (iii) Sub-rule (b) shall be omitted. (2) rule 4 sub-rules (b) (c) and (c) shall be omitted (3) in rule 5, in sub-rule (2)-

(3.) The net result of this amendment is that persons in the Lower Category i.e., in class IV will be eligible to be promoted as Process Servers while persons in class III like Office Assistants, would not be eligible for promotion. This has the effect of not only denying the opportunity of promotion to those belonging to class III and others, but also has the effect of giving additional benefits to class IV, who are ordinarily considered in a lower scale. In other words, the rule, as amended, is arbitrary to the extent that when a person in class IV carrying a lower scale of pay would be eligible to be considered for promotion to the post of Process Server, those belonging to class III like Office Assistants would not eligible for the same.