S GANESAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) IT is stated by the petitioner that he had joined the service of the Survey Department as a Surveyor, on a consolidated pay in the year 1983. Thereafter, he has been given the time scale of pay. The petitioner was appointed in Pudukottai District Survey Unit, pursuant to G.O.Ms.No.1043, dated 14.9.82, which had provided for the recruitment of staff, including the Surveyors on consolidated pay, towards the implementation of the `Updating Registry Scheme'. The petitioner was sponsored by the employment exchange and his name was forwarded to the Assistant Director (Survey and Land Records) for being considered for the post of Surveyor. In the month of November 1982, the petitioner was selected by a Three Member Committee consisting of the District Revenue Officer, the District Backward Class Welfare Officer and the Assistant Director of Survey. Therefore, the petitioner was sent for training for a period of three months from 10.1.83 to 9.4.83. Following the training, a panel of approved candidates was prepared for the post of Surveyors and Draftsmen on consolidated pay by the Assistant Director of survey, Pudukkottai, on the basis of merit in accordance with the Tamilnadu State and Subordinate Service Rules. The said approved list and the ranking given thereon was not challenged by any person. Between 15.4.83 and 18.4.83 appointment orders were issued to the selected candidates and they had joined duty between 17.4.83 and 20.4.83. G.O.Ms.No.910 was issued in the year 1983 by the Commercial Tax and Religious Endowments Department, providing for absorption of Surveyors cum Draftsmen on consolidated pay in the existing vacancies and in the vacancies that was open to arise in the future carrying time scale of pay, provided they were fully qualified to hold the posts as per the rules. Thereafter, on 14.9.84, the Director of Survey and Settlements issued Rc.4K 40702/84 (Additional Director) directing the appointing authority to appoint the Surveyor cum Draftsmen in consolidated pay to vacancies available in posts carrying time scale of pay, based on seniority of the Surveyors/Draftsmen in the consolidate pay posts. The provisional seniority list of Surveyors/Draftsmen on consolidated pay in Pudukkottai District, based on the ranking in the approved panel, was published on 1.7.85 and the objections were invited. Thereafter, the final seniority list was published on 10.1.86.

(3.) HOWEVER, at this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had placed before this Court, the order, dated 4.1.2007, made in W.P.Nos.17738 of 2006 etc. (batch) and an order, dated 22.1.2007, made in W.P.Nos.27767 and 27768 of 2006, wherein this Court had held as follows: