K RAGHAVENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the petitioners, who are working as Superintendents under the Directorate of Collegiate Education, against the order dt.21.12.2001 passed by the Tamil Nadu Administrative Tribunal in O.A. No.1776 of 2001.

(2.) BEFORE the Tribunal, these petitioners sought for a direction to the Officials respondents to make necessary amendments in the Special Rules for the Tamil Nadu Collegiate Education Services, so as to include the post of Bursar in the Special Rules with retrospective effect from 31.3.1983 i.e. the date on which the State Government issued G.O.Ms.No.202, Education, Science and Technology department dated 31.3.1983 and without providing rule of reservation to the said post.

(3.) THE Tribunal, by its order dated 21.12.2001, held that G.O.Ms.No.202 cannot override the specific provisions contained in the ad hoc Rules and also held that the Rules do not prescribe the post to be filled up by direct recruitment and the only method of recruitment is by transfer. THE Tribunal also held that since the appointment is only through recruitment by transfer and as it is not a case of promotion, no direction can be given to the State Government to make any statutory amendment to the existing Rules.