M KALIAPERUMAL Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) ORIGINALLY, the petitioner had filed O. A. No. 4456 of 1995 on the file of the Tamil Nadu Administrative Tribunal to refix the seniority of the applicant in the cadre of Rural Welfare Officer Grade I/assistant, Extension Officer and Deputy Block Development Officer with all consequential benefits such as retrospective promotion with monetary benefits and the same has been transferred to the file of this Hon'ble Court and renumbered as W. P. No. 35637/2005.

(2.) THE petitioner was appointed as Rural Welfare Officer Grade II with effect from 24. 11. 1960 and promoted as Rural Welfare Officer Grade I with effect from 17. 10. 1974. In the year 1985, by G. O. Ms. No. 325 dated 26. 4. 1985, certain test qualifications were prescribed. Originally, 3 years time was granted to acquire the test qualifications. Subsequently, the same was extended periodically. Finally, the same was extended upto 4. 5. 94. According to the learned counsel for the petitioner, the petitioner had acquired the test qualification in November, 1989. As per the order passed in Civil Appeal No. 61-93/94 dated 4. 5. 1994, those who have passed the test upto 4. 5. 1994 should be treated similarly as those who have passed the test prior to 11. 5. 1990. Since the petitioner had passed the test in November, 1989, his name should have been included in the panel dated 8. 11. 1990 drawn for the year 1989 for promotion to the post of Extension Officer. But overlooking his name, his juniors' names were included. Besides, according to the learned counsel, though the petitioner's name was included in the panel of Deputy Block Development Officer for the year 1993, he has been placed below his juniors. That apart, according to the learned counsel, on the date of drawal of panel for promotion to the post of Extension Officer, i. e. , 8. 11. 1990, the petitioner had acquired the qualification, as such, his name should have been included in the panel drawn for promotion to the post of Extension Officer dated 8. 11. 1990 and the petitioner's seniority in the cadre of Rural Welfare Officer Grade I/assistant, Extension Officer and Deputy Block Development Officer should be refixed and the petitioner should be given retrospective promotion with monetary benefits.

(3.) ON the other hand, learned counsel for the respondent has submitted that since the test qualifications were prescribed for Rural Welfare Officer cadre first time by G. O. Ms. No. 325 Rural Development Department dated 26. 4. 1985. Initially, 3years' time was granted to acquire the said qualification. But, the same was extended periodically, finally, upto 4. 5. 1994. As per the above said Government Order, on the failure to acquired the test qualification,within the prescribed time, one has to face reversion. According to the learned counsel for the respondent, the time limit prescribed is only with respect to reversion and not for promotion. As such, the prayer sought for cannot be granted.