P RAMAN Vs. PRINCIPAL COMMISSIONER AND COMMISSIONER FOR REVENUE ADMINISTRATION; COLLECTOR AND P ANTONY

JUDGEMENT

(1.) Brief facts leading to the Writ Petition are as follows:

(2.) On 15.10.1973, the petitioner was appointed as Junior Assistant through Tamil Nadu Public Service Commission and posted at Tirunelveli Revenue Unit. Thereafter, he was promoted to the cadre of Assistant on 19.08.1981 and due to bifurcation of Tirunelveli District with effect from 20.10.1986, he was posted at Chidambaranar District. It is the case of the petitioner that he was eligible for the post of Deputy Tahsildar in the year 1986 and being a Scheduled Caste Community, he is also entitled to preference, as prescribed under Rule 22 of the General Rules of rotation vide G.O.Ms.No. 206, P & AR (Per) Department, dated 07.04.1989.

(3.) The petitioner further submitted that the District Collector, Chidambaranar District, second respondent herein, published an approved list of Deputy Tahsildars for the year 1986 on 14.02.1987. Though the petitioner was qualified before the preparation of panel, his name was not included in the said list. Therefore, he made representation to the second respondent to include his name in the said panel and since no order was passed, he filed an appeal to the then Principal Commissioner and Commissioner for Revenue Administration, first respondent herein and by order dated 13.01.1994, the first respondent rejected the appeal on the sole ground that on the crucial date, 15.09.1986, the petitioner was not qualified to the post of Deputy Tahsildar.