S NAGARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS writ petition arises out of O.A.No.343 of 1997 filed before the Tamilnadu Administrative Tribunal. The said OA was filed by the petitioner seeking to set aside the order of the second respondent dated 25.11.1996 and consequently to direct the respondents to retain the applicant in the Governor's Secretariat Office, Raj Bhavan, Chennai with all monetary and service benefits.

(3.) THE facts leading to the case of the petitioner are as follows:5.1. THE petitioner's name was sponsored by the Employment Exchange and he was appointed as a Steno-typist in the Animal Husbandry Department on 01.08.1983. His services were regularised in the said post and he had also satisfactorily completed his probation on 25.06.1986. By a circular issued by the second respondent dated 01.09.1987, volunteers were called for appointment to the post of Assistant by recruitment by transfer from among the Junior Assistants/Personal Clerks eligible for appointment as Junior Assistant in the Tamilnadu Ministerial Service. THE petitioner opted for the said post. THErefore, by proceedings dated 04.02.1988, the petitioner, who was Acting Steno-Typist under the Directorate of Animal Husbandry was appointed as Acting Assistant in the second respondent's Secretariat on transfer, in terms of Rule 4(4)(iii) of the Tamil Nadu Secretariat Service Rules with effect from 21.01.1988. He was also sent for Foundational Training Examination in the XIV batch from 29.08.1988 to 02.09.1988 at the Secretariat Training Institute. THE petitioner was also promoted as Officiating Assistant Section Officer by an order dated 27.03.1989. Subsequently, his pay in the post of Assistant Section Officer was fixed in terms of the pay fixation order. 5. 2. THE petitioner was also allotted a quarters inside the Raj Bhavan, by proceedings dated 01.10.1989. He was also sent for further in-service training during February 1990. His scale of pay was also revised by a further proceedings dated 16.07.1991 and he was given appropriate increment. On 07.10.1994, the petitioner was posted to act as Personal Clerk to the Deputy Secretary to Governor in the cadre of Assistant Section Officer. When the Section Officer in the Governor's Secretariat by name, P.Thankaraj got reverted to his parent department, the petitioner was directed to take over the charge from P.Thankaraj. 5. 3. THE petitioner by his letter dated 04.10.1996, addressed to the second respondent requested them to consider him for promotion to the post of Private Secretary to the second respondent or his post should be upgraded as a Section Officer. It transpires that His Excellency, the Governor of Tamilnadu also made a note endorsement on the said representation. For reasons best known, within few days after the said representation, the petitioner was reverted to his so called parent department.