R MATHIVANAN Vs. DISTRICT COLLECTOR DINDIGUL DISTRICT

JUDGEMENT

(1.) AGGRIEVED of the order of dismissal of O.A.No.10590 of 1998 dated 27.8.2002 passed by the Tamil Nadu Administrative Tribunal, this Writ Petition is filed.

(2.) THE case of the petitioner is that the petitioner was originally appointed as Rural Welfare Officer Grade II on 21.3.1975 in Thanjavur district. Subsequently he was transferred from Thanjavur district to Dindigul district on 3.5.1982. As the transfer was made at the request of the petitioner, he was placed at the bottom of the seniority list in the category of Rural Welfare Officer Grade II/Junior Assistant in Dindigul district. Later on, the District Collector, Madurai in his proceedings dated 5.10.1988 placed him at Sl.No.502 in the category of Rural Welfare Officer Grade-II by placing him at the bottom of the seniority list. One Mr.R.Navaneethakrishnan was placed at Sl.No.507 in the category of Rural Welfare Oficer Grade II much below to the petitioner. When the District Collector by proceedings dated 8.5.1989 prepared the panel for the post of Assistant/Rural Welfare Officer Grade I for the year 1989, his name was included at Sl.No.47, whereas the said Navaneethakrishnan was shown at Sl.No. 48. Subsequently the said Navaneethakrishnan was promoted, whereas the petitioner was not promoted as Assistant/Rural Welfare officer Gr.I on the ground that the petitioner did not pass the prescribed test. However, the petitioner finally passed the prescribed test on 14.11.1990. When inter se seniority was fixed in the category of Rural Welfare Officer Grade II/Junior Assistant, the District Collector, Madurai placed the petitioner at Sl.No.83 and the said Navaneethakrishnan at Sl.No.90. In the provisional seniority list of Rural Welfare Officer Grade II/Assistant prepared by the District Collector, Dindigul Anna District through his proceedings dated 5.1.1993, the said Navaneethakrishnan was placed at Sl.No.309. When he passed the test on 14.11.1990, without considering his case, in the inter se seniority list prepared for promotion to the category of Rural Welfare Officer Grade-I/Assistant, several juniors were included and they were all promoted as Assistant/Rural Welfare Officer Grade I in the years 1990, 1991 and 1992 respectively and they are all now working as Deputy Block Development Officer/Block Development Officer. At that time, the petitioner approached the Tribunal and filed O.A.No.10590 of 1998, which was dismissed on 27.8.2002. Aggrieved of the above, the writ petition is filed.

(3.) THEREFORE, we are satisfied that fixing of seniority of the petitioner from the date of joining at Madurai i.e. on 3.5.1982, is contrary to Rule 11(b). The respondents should have placed the petitioner at the bottom of the list of probationers or approved probationers or full members as the case may be in that category. THEREFORE, we hold that the action of the respondents in fixing the seniority of the petitioner taking into account the date of joining in Madurai district, subsequent to the transfer at his request, is contrary to Rule 11(b). The respondents should not have taken the date of joining i.e.3.5.1982 to fix the seniority.