B VISWANATHAN Vs. STATE OF TAMIL NADU; PRINCIPAL SECRETARY AND COMMISSIONER OF STATISTICS; P R ANANTHALAKSHMI

JUDGEMENT

(1.) The petitioner is presently working as Joint Director in the Directorate of Economics and Statistics in the Planning, Development and Special Initiatives Department, Government of Tamil Nadu. The said post is governed by Ad hoc Rules (hereinafter referred to as the "Rules") issued under G.O.Ms.No.27, Planning, Development and Special Initiatives (ST.1) Department, dated 12.04.2013. As per the said Rules, there is a separate category of post of Director. Rule 3 of the said Rules speaks of the method of appointment to the post of Director which says that the Director shall be appointed either by means of direct recruitment or by promotion from among the holders of the post of Additional Director of Statistics or Joint Director of Statistics or by recruitment by transfer from any other service. Rule 5 of the said Rules speaks of qualifications, which is as follows: <FRM>JUDGEMENT_321_LAWS(MAD)4_2014_1.html</FRM>

(2.) The Government issued G.O.Ms.No.34, Planning, Development and Special Initiatives (ST.1) Department, dated 10.05.2013, thereby, approving the estimate of vacancy for the post of Director by promotion in the State Statistical Training Institute as 1 (one) for the year 2012-2013. Thus, for the year 2012-2013 there arose one vacancy for the post of Director which was to be filled up.

(3.) In the said department, there were as many as two Additional Directors by name Mrs.P.R.Ananthalakshmi and Mr.S.Ramachandran. There are as many as 14 Joint Directors of Statistics. Mrs.P.R.Ananthalakshmi is the third respondent in this writ petition. She possess M.Sc. degree in Statistics and M.A. Degree in Economics. Yet another Additional Director Mr.S.Ramachandran possess M.A. Degree in Economics and B.L. Degree. The senior-most Joint Director Ms.P.Senthamilselvi possess M.A. Degree in Economics. The petitioner is the next Joint Director as per the seniority list i.e. at No.4 and he possess M.Sc. degree in Statistics, M.A. Degree in Economics and Ph.D in Economics.