A ASOKAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Prayer in this writ petition is to quash the order dated 9.3.1999 passed by the second respondent confirmed in G.O.(2D) No. 440 Revenue Department, dated 11.11.2005 insofar as declining to include petitioner's name in the panel of Assistants for the year 1990 and for a direction to the respondents to include the name of the petitioner in the panel of Assistants for the year 1990, fix seniority in the cadre of Assistant and promote the petitioner as Deputy Tahsildar with all consequential benefits.

(2.) The brief facts necessary for disposal of the writ petition as per the pleadings are as follows:

(3.) Respondents 1 to 4 have filed counter affidavit wherein all the factual aspects are not disputed. The reasons stated for non-inclusion of petitioner's name in the panel are that as on 15.3.1990, petitioner was not in Madurai District Revenue Unit and as per the Tamil Nadu Ministerial Service Rules, the petitioner is not qualified for considering his name for inclusion in the panel of Assistants in the year 1990 in Madurai District. No relaxation and exemption from the portion of the said rule was obtained by the petitioner by making necessary application before the Government. There is no reason to compare the promotion given to others, as they have passed their Survey and Settlement Training, which is a mandatory requirement for inclusion in the panel before the crucial date on 15.3.1990.