D VIJAYALAKSHMI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioners were all recruited through Tamil Nadu Public Service Commission vide proceedings bearing letter No.Rc.9149/J/86 dated 27.11.1986 directly as Junior Assistants. Subsequently, they were also promoted as Assistants. In so far as the next avenue of promotion is concerned, it is to that of Extension Officer, which is a non-selection post based strictly on seniority basis in the feeder category.

(2.) IT is stated that the panel of Assistants fit for promotion to Extension Officers was prepared and for the purpose of preparation of such panel, details were sought for from the concerned authorities. But the details of the petitioners were not sought for. On the other hand, the details of the juniors were called for to include them in the panel. The grievance of the petitioners is that since the confirmation order in the Entry Grade was not issued, they were not included in the panel for promotion to the post of Extension Officer. While so, juniors who have received confirmation order are sought to be included in the panel of Extension Officer.

(3.) THE learned counsel for the petitioners submitted that G.O.Ms.No.176, P&AR Department, dated 05.07.1994 provided for issuance of the confirmation order in the Entry Grade on completion of the period of probation. Paragraph 2 of the said G.O. Ms.No.176, P&AR Department, which is relevant for the purpose of this case is extracted hereunder : -THE Government after careful consideration have decided to delink confirmation from the availability of permanent vacancies and to make confirmation of Government servants at the entry grade as in the Government of India and to follow the following methods of confirmation. THEy accordingly issue the following orders:- i)Confirmation should be made only once in the service of an official which will be in the entry grade. ii)Confirmation is delinked from the availability of permanent vacany in the grade. In other words, an officer who has successfully completed the period of his probation may be considered for confirmation. iii)As at present, the appointee should satisfactorily complete the probation. iv)A specific order of confirmation should be issued, when the case is cleared from all angles. v)On promotion: Since there shall be no confirmation on promotion, before an official is declared to have completed the period of his probation satisfactorily (wherever such probation is prescribed), a rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he has promoted if the work of the officer during probation was found to be not satisfactory".