K A BASKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order contained in G.O. Ms. No.1006 dated 3rd July, 2007, issued by Home (Courts) Department of the State of Tamil Nadu and the consequent clarification issued by the 2nd respondent, Registrar General, Madras High Court in R.O.C. No.3004/94/G2 dated 11th Jan., 2008 and the consequential order of transfer and promotions issued by respondents 3 and 4 in R.O.C. No.13/2008-A and R.O.C. No.15/2008-A, both dated 14th Feb., 2008. Further prayer has been made to direct respondents to merge the post of "Examiner/Readers" in Category-6 of Class-IV with "Junior Assistants" in Category-5 of Class-IV and to draw a combined seniority list of 'Junior Assistants' and 'Typists' for consideration of their cases for promotion to the higher post of "Assistants" in Category-4 of Class-IV of Tamil Nadu Judicial Ministerial Service.

(2.) THOUGH the aforesaid prayer has been made, at the time of hearing of the case, learned counsel for the petitioner confined her arguments with regard to seniority, vis-a-vis 'Typists', 'Copyists', 'Examiners/Readers' and 'Junior Assistants. THOUGH the order of merger vide G.O. Ms. No.1006 dated 3rd July, 2007, has been challenged, the main grievance was made that the 2nd respondent, vide letter dated 11th Jan., 2008, has ordered to fix the seniority of all the 'Copyists' below all the 'Typists' as on the date of merger, i.e., 3rd July, 2007, which is illegal.

(3.) ONE Tvl.Paramaraj and 11 others filed W.P. Nos.2953 to 2955/05, 3591 to 3598/05 and 4495/05 before this Court for fixation of their pay by allowing two advance increments as allowed to graduate typists. This Court, vide judgment dated 21st Aug., 2006, disposed of the case with direction to the respondents to pass orders of merger of the post of Copyists with Typists based on G.O. Ms. No.1400, Home (Courts V) Department, dated 15th Sept., 1993, and G.O. Ms. No.903, Home dated 9th Aug., 1994. The State Government, implemented the directions vide G.O. Ms. No.1006 dated 3rd July, 2007 and merged the post of Copyists with Typists. The consequential order was issued by this Court in RO.C. No.3004/94/G2 dated 6th Aug., 2007, merging the post of Copyists and Typists w.e.f. 3rd July, 2007, i.e., the date the Order was issued by State Government.