S THIYAGARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS petition is filed seeking to quash the impugned order of the second respondent, made in Rc.9585/95/B3, dated 13.12.95, reverting the petitioner to the post of Record Clerk from the promoted post of Junior Assistant.

(2.) THE petitioner has stated that he was initially selected for appointment to the post of Office Assistant, through the Employment Exchange, and he had joined service, on 3.10.70. He was promoted to the post of Record Clerk in the month of December 1984. By an order, dated 14.8.95, issued by the second respondent, the petitioner was promoted to the post of Junior Assistant. THE petitioner has also stated that from the year 1988, he has been rendering the duties of a Junior Assistant, being a record clerk in the District Treasury. Thus, he was rightly promoted to the post of Junior Assistant by an order, dated 14.8.1995. All of a sudden he was reverted from the post of Junior Assistant to that of a Record Clerk stating that the petitioner and some others were promoted to the post of Junior Assistant against the 20% of vacancies reserved for the lower categories of Record Clerk and Office Assistants.

(3.) IN the reply affidavit filed on behalf of the respondents, the claims made by the petitioner have been denied. It has been stated that the promotion granted to the petitioner was found to be irregular, as it was in violation of the conditions provided in G.O.Ms.No.43, Personnel and Administrative Reforms (Per.B) Department, dated 15.2.1994. According to Rule 4 of the Statutory Service Rules, issued in Annexure VIII to the Fundamental Rules, the promotions made otherwise than in accordance with the rules are illegal and they should be set aside. Accordingly, the petitioner, along with some others, were reverted to the post of Record Clerk in the orders issued in Office Proceedings 9585/95/B3, dated 13.12.1995.