S PALANISWAMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by one S.Palaniswami praying for the issuance of a writ of mandamus directing the respondents viz., the Government of Tamil Nadu represented by its Commissioner and Secretary, Agricultural Department, and the Chief Engineer, Agricultural Engineering Department, to comply with Rules 10 (a)(i) and 10 (a)(iii) of the Tamil Nadu State and Subordinate Service Rules, Part II (General Rules) and to appoint the petitioner who is an � approved candidate� immediately in the post of Geological Assistant in the Agricultural Engineering Branch of the Tamil Nadu Agricultural Subordinate Services or in any other equivalent post of the said department.

(2.) THE brief facts which led to the filing of this writ petition are as follows: THE petitioner, who is a M.Sc. post-graduate in Geology, applied for the post of Geological Assistant in the Agricultural Engineering Branch of the Tamil Nadu Agricultural Subordinate Service, in response to an advertisement of the Tamil Nadu Public Service Commission (hereinafter referred to as the Commission) dated 27-4-1981, notifying 13 vacancies for the said post, to be filled up. THEse 13 posts were earlier filled up by temporary hands under the � emergency provisions and this notification is for regular appointments. THE petitioner appeared for interview in February, 1982, before the Commission and his selection for the post was initmated to him in the second respondent's letter E E 1/24233/82 dated 12-3-1982, and the letter of the Commission 1407-04/81 dated 22-3-1982. THE list of the 13 selected candidates for filling up the 13 vacancies was published in the Commission� s bulletin No.14 dated 1-7-1982. THE petitioner was the seventh candidate in the list. THE petitioner has submitted a physical fitness certificate in March, 1982, as instructed by the commission, as per the memorandum dated 12-3-1982 of the office of the Chief Engineer (Agricultural Engineering), Madras.

(3.) THE respondents in their counter affidavit would state that 13 Geological Assistants temporarily working in the second respondent's department from 1979 onwards had also applied for selection and of those persons two candidates have been selected by the Commission. Some temporary Geological Assistants working in the department have represented to the Government that they have not been called for interview and requested that a special selection might exclusively be conducted for them so that they might be absorbed in the agricultural Department on regular basis. THE Government requested the Commission, in their letter No.l296/IA III/82-1, Agriculture, dated 17-7-1982, to interview the remaining 11 temporary agricultural Assistants and consider their suitability along with the other candidates already interviewed, and also intimated that they were willing to relax the Rules in their favour in case they were selected by the Commission. According to the Ad Hoc Rules governing the post of Geological Assistant, the minimum educational qualification prescribed in only B.Sc, Geology, whereas all the candidates selected by the Commission possess M.Sc, in Geology. THE question of ousting the temporary hands was under the continuous consideration of the Government. While so, two new posts were sanctioned apart from the 13 posts under consideration. From the approved list of 13 candidates, S1.Nos.1 and 3 were appointed to the new posts following the order of seniority, and S1.No.2, who was already working in the Department under Rule 10 (a)(i) and who was selected by the Commission, has been regularized in the appointment. S1.No.4 was appointed against the vacancy caused due to the resignation of one temporary Geological Assistant, who also was selected by the Commission and placed as S.No.8. According to the respondents, as the temporary candidates have gained much experience due to their long service, the Government are considering ways and means to avoid ouster and this has caused delay in absorbing the remaining candidates.