V THILLARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has stated that he was appointed as a Junior Assistant on 16.12.1971 and later he was promoted as an Assistant, on 17.4.1976. THE petitioner belongs to Sozhia Vellala Community, which was included in the list of Backward classes in the year, 1975. THE petitioner is eligible to be considered under the Backward Class quota for the next higher post of Deputy Tahsildar. Since the petitioner was not considered for such promotion, he had filed a writ petition before this Court in W.P.No.7167 of 1985, which was transferred to the Tamil Nadu Administrative Tribunal and renumbered as T.A.No.1440 of 1989. As the said application was allowed, on 13.8.1991, the petitioner's name was included in the panel of Deputy Tahsildar for the year 1984, as per the communal rotation and he was also given the due seniority.

(2.) THE petitioner has further stated that a panel for the year 1982 for the post of Deputy Tahsildar was drawn in which there were two vacancies under the Backward class quota. Since the vacancies were left unfilled and as they had lapsed, the Government issued orders in G.O.(D) No.297, Revenue Department, dated 5.8.1992, to rectify the mistake. As per the orders of the Government, a list was drawn for the post of Deputy Tahsildar for the year 1982. Since the petitioner belonged to a Backward community, he was eligible to be considered in the list of the year 1982 itself.

(3.) IN the reply affidavit filed on behalf of the respondents, it has been stated that the name of the petitioner had already been considered and his name has been included in the list of Deputy Tahsildars of Coimbatore District for the year 1984, as per the orders of the Tamil Nadu Administrative Tribunal, dated 13.8.1991, made in T.A.No.1440 of 1989 (W.P.No.7167 of 1985). Since the petitioner was not satisfied with the inclusion of his name in the list of Deputy Tahsildars for the year 1984, he had preferred an appeal, on 11.9.1992, before the second respondent for the inclusion of his name in the earlier list of Deputy Tahsildars for the year 1982 in one of the two vacancies which had to be filled up by persons belonging to Backward class community and which were allowed to lapse at the time of the original drawal of the list.