REGISTRATION DEPARTMENT SC ST Vs. S CHANDRASEKAR

JUDGEMENT

(1.) AGGRIEVED by the common order of the Tamil Nadu Administrative Tribunal, Chennai dated 22. 10. 2002 made in O. A. No. 3551 of 2000 etc. , Registration Department SC/st/mbc Employees General Welfare Sangam and others have filed the above writ petitions.

(2.) TAMIL Nadu Backward Class Officials Association applicant in O. A. No. 9044 of 1997 has prayed for setting aside the letter of the Secretary to Government, Commercial Taxes and Hindu Religious Department, Chennai dated 06. 10. 1997. The other applicants mostly filed for challenging the letter of the Government dated 23. 02. 1999 issued by the Backward Class and Most Backward Classes Welfare Department, Government of Tamil Nadu. In other applications, the Assistants working in the Registration Department have challenged the panel prepared for appointment to the post of Sub-Registrar Grade II and published in Government letters dated 03. 12. 1997, 03. 06. 1999 and 24. 09. 1999.

(3.) THE following facts are culled out from various applications filed before the Tribunal. The Government by its order dated 12. 11. 1993 has upgraded 551 posts of Junior Assistants and Typists, so as to enable them to draw salary of Assistant with a view to give them pecuniary advantages under the guise of promotional opportunities. As per the provisions of Tamil Nadu Commercial Taxes Subordinate Service Rules, the qualification for a person to be included in the panel for appointment to the post of Assistant Commercial Tax Officer by transfer is eight years of total service in Government, of which not less than 2 years should be spent as Assistant, as on crucial date. The upgraded Junior Assistants / Typists holding the post for two years cannot be made eligible for inclusion in the list of Assistant Commercial Tax Officer (in short "acto") by transfer. He can be included in the list only after he has been regularly promoted as Assistant in the service. The Special Commissioner and Commissioner of Commercial Taxes has rejected the request of certain upgraded Assistants for inclusion in the list of Assistant Commercial Tax Officer for the year 1996-1997, on the ground that they have not rendered two years of service as Assistant. Therefore, by letter dated 06. 10. 1997, the Government made it clear that two years in the upgraded post of Junior Assistant / Typist as enough qualification for inclusion in the list of ACTOs. , is against the Rules and liable to be struck down.