SECRETARY TO GOVERNMENT Vs. S.D. MADASAMY

JUDGEMENT

(1.) Aggrieved by the order of the learned Single Judge dated 30.08.2013 made in WP No.19439 of 2005, in and by which, the learned Single Judge while quashing the proceedings of the Secretary to Government, Rural Development (Special Panchayat) Department dated 23.12.2004, bearing letter No.41089/Se.Vu(pa)/2004-I confirming the orders of the District Collector, Tirunelveli, dated 13.10.2003 bearing Na.Ka.No.2161/03/P2, directed the respondents to promote the petitioner as a Junior Assistant/Bill Collector by transfer of service, as per G.O.Ms.No.150 dated 19.08.1998 and the Government letter No.37790/TP.2/98-2 dated 22.03.1999, the respondents in the Writ Petition are before us by way of this intra Court Appeal.

(2.) The petitioner was appointed through a Selection process by inviting names from the District Employment Exchange, Tirunelveli, as a Sanitary Worker in Royagiri Town Panchayat, on 28.09.1994 and was subsequently promoted as Sanitary Supervisor on 24.07.1996. The Government, finding that after the provincialisation of the posts of Junior Assistant, Typist, Steno Typist as well as Bill Collector, these employees who were working in the lower cadre posts of record clerk, office assistant, sanitary worker, sanitary supervisor, watchman and persons employed in the drinking water schemes had been denied of promotional avenues passed various Government Orders commencing from G.O.Ms.No.963, Rural Development Department dated 23.11.1990, to provide for transferring the qualified persons working in the lower grades mentioned above to the provincialised services, subject to they having the required qualification. The said G.O.Ms.No.963 dated 23.11.1990 provided for transfer of the lower cadre employees to the provincialised services to an extent of 10% of the total number of vacancies. The percentage was subsequently increased to 20% under G.O.Ms.No.43, Personal and Administrative Reforms Department, dated 16.02.1994.

(3.) The aforesaid two Government Orders restricted the transfer of service only from the post of Record Clerk. By G.O.Ms.No.150, Municipal Administration and Water Supply Department (PR II) dated 19.08.1998, the Government extended the benefits of transfer of service to other lower grade employees like Office Assistants. The said Government Order also prescribed certain conditions for promotion by transfer of service. A Committee consisting of the District Collector, Zonal Assistant Director of Panchayats, and Personal Assistant to District Collector (Panchayat Development) as members who formed to identify such candidates who could be promoted by transfer of service. The Committee was also required to get the approval of the Tamil Nadu Public Service Commission, before effecting the promotions.