(1.) AGGRIEVED by the Order of the Principal District Judge, Virudhunagar District, Srivilliputhur dated 31.5.2002, selecting the second respondent herein as Personal Assistant to the Principal District Judge, Virudhunagar District at Srivilliputhur, the petitioner-Sheristadar, Additional District Judge-cum-Chief Judicial Magistrate's Court, Virudhunagar District, Srivilliputhur has filed the above writ petition.
(2.) ACCORDING to the petitioner, on 1.7.1965, he was appointed as Junior Assistant in the Judicial Ministerial Service. He was promoted as Assistant in 1984 and further promoted as Deputy Nazir in the District Munsif Court, Aruppukottai and again as Head Clerk in the District Munsif Court, Aruppukottai. He was then promoted as Sheristadar in the Sub-Court, Virudhunagar in 1996 and thereafter promoted as Sherishtadar at District Court, Srivilluputhur in 1999 and working as Sheristadar in the Court of Additional District Judge, Srivilliputhur. The next higher post is the post of Personal Assistant to the Principal District Judge and a vacancy arose on 31.5.2002. The first respondent promoted the second respondent to the post of Personal Assistant and he assumed charge on that date. The petitioner aggrieved by the aforesaid order and having no other remedy has filed this writ petition seeking to quash the said order dated 31.5.2002 and also prayed for a direction to the first respondent to promote him to the post of Personal Assistant to Principal District Judge with effect from 31.5.2002 with all monetary and other consequential benefits.
(3.) THE alleged complaint against the petitioner is that without any valid orders from the High Court, he got installation of internal telephone in his room for his use. THE other allegation in the same complaint is that he had received Rs.10,000 from one Sekar for appointment as Copyist, Rs.3,000 from one Tmt. Selvavijaya for appointment as Steno-typist and Rs.6,000 from one Jehangir for promotion as Examiner. Mr.Vijay Narayan, learned senior counsel for the petitioner, would contend that without a formal charge, merely on the basis of preliminary enquiry or complaints, the claim of the petitioner cannot be ignored while filling up the post of Personal Assistant to Principal District Judge. It is not in dispute that the second respondent herein is junior to the petitioner. It is also not in dispute that the person to be appointed as Personal Assistant to Principal District Judge has to maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the service as specified in Rule 20 of Tamil Nadu Government Servants Conduct Rules, 1973. Mr.Vijay Narayan also submitted that in so far as the first allegation is concerned, namely, installation of telephone extension in his chamber the same has been approved by the High Court since the extension phone at the table of the Sheristadar would be helpful to the Judge as the Judge can be spared from unnecessary calls. As regard the allegations of corruption, the enquiring authority, namely, Additional District Judge-cum-Chief Judicial Magistrate ultimately found that the allegations are false and no action is necessary. In the light of these factual information, according to him, the first respondent ought to have considered the claim/request of the petitioner and selected him to the post of Personal Assistant to Principal District Judge. In this regard, he relied on the following decisions: