P MARIAPPAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This appeal highlights yet another instance of how the State Government has gone out of its way to accommodate temporarily appointed persons and regularising their services retrospectively prejudicing the rights of direct appointees who have been regularly appointed through the Tamil Nadu Public Service Commission in clear vacancies. We are concerned with appointments to the posts of Assistant Statistical Investigators. Regular recruitment rules made by the Governor under Article 309 of the Constitution of India on 17th of May, 1966 provided for appointment of Assistant Statistical Investigators in the Department of Statistics by direct recruitment by promotion and recruitment by transfer.

(2.) On 4th September, 1971, the Director of Statistics made temporary appointments by transfer to the category of Assistant Statistical Investigators under rule 39(a) of the General Rules for the Tamil Nadu State and Subordinate Service. There is one order of appointment in respect of 77 persons. These 77 persons are at serial numbers 86 to 164 in the seniority list at page 55 of the paper book. The appellant is a direct recruit to the post of Assistant Statistical Investigator, having been appointed through the Tamil Nadu Public Service Commission with effect from 5th February, 1972. Apart from the appellant there were several other persons who were also appointed as direct recruits. Their names are to be found in the seniority list from serial numbers 166 to 250.

(3.) The recruitment rules made under Article 309 of the Constitution of India were amended on 19th October, 1973 and they were given retrospective effect from 15th of November, 1968 in so far as two amendments were concerned, and the third amendment was given retrospective effect from 15th of July, 1969. We are concerned with the amendment relating to the post of Assistant Statistical Investigators. The first amendment which is relevant is that while retaining the three modes of appointment to the post of Assistant Statistical Investigators, that is, by direct recruitment or by promotion from the category of Supervisors in the Department of Statistics or by recruitment by transfer from the category of Junior Assistants in the Department of Statistics, a percentage was fixed to be filled up by direct recruit and by promotion or by recruitment by transfer. 75% of the vacancies was to be filled up by direct recruitment and 25% by promotion or recruitment by transfer. We are not concerned with the rule relating to direct recruitment. While providing for promotion or recruitment by transfer, the new rule provided that the person concerned must possess a degree with statistics, mathematics, or economics as the main subject and must have put in a service of not less than two years in the category of Supervisor or Junior Assistant, as the case may be. A proviso was then introduced as follows: