M JAGADEESAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This is a peculiar case in which proceedings dated 14 October 2011 and 30 October 2012 revising the seniority in the cadre of Sub Registrar Grade II and Sub Registrar Grade I, pursuant to the direction issued by the Supreme Court in K. Madalaimuthu & Ors v. State of Tamil Nadu & Ors, 2006 6 SCC 558, were cancelled on the ground that the High Court in its order dated 7 October 2009 in W.P.No.33045 of 2006 and the Supreme Court in a catena of decisions have held that seniority cannot be unsettled after a considerable period, not withstanding the fact that the order in W.P.No.33045 of 2006 has already been set aside by the Division Bench in W.A.No.1433 of 2010.

(2.) The petitioners were directly recruited as Sub Registrars through Tamil Nadu Public Service Commission in 1992, 2001 and 1986 respectively. The petitioners were later promoted as District Registrars and Assistant Inspector General of Registration.

(3.) The services in the Registration Department are governed by the Tamil Nadu State and Subordinate Services Rules 1955 (hereinafter referred to as "General Rules") and Tamil Nadu Registration Services Rules, 1969 (hereinafter referred to as "Special Rules"). The Special Rules provided for two class of officers. Class-I comprise of Inspector General (Registration) and class-II provided for two categories viz., the Inspector of Registration Officers and District Registrars. Subsequently the post of District Registrar was included in the third category. The Government have resorted to recruitment of District Registrars directly or by transfer from Tamil Nadu Registration Subordinate Services. The posts of District Registrar were to be filed up by direct recruitment and by recruitment by transfer from the Madras Registration Subordinate Services in the proportion of 1:5 provided a number of substantive vacancies filled or reserved to be filled by direct recruitment was not to exceed three at a given time. The Government in modification of the earlier orders prepared a temporary list of officers, who were fit for appointment by transfer to the post of District Registrar pending finalisation of regular list in consultation with the Tamil Nadu Public Service Commission.