R.RAMESH Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The Petitioner has filed this Writ Petition for issuance of a Writ of Mandamus to direct the Fifth Respondent herein to assign appropriate seniority ranking to the Petitioner in the post of Assistant in the light of his placement in the original combined seniority list obtained prior to 01.08.1992 in accordance with General Rule of 35(a) of the Tamil Nadu State and Subordinate Service Rules, together with all consequential benefits. (Prayer amended as per Order dated 09.09.2014 in M.P.No.1 of 2014 in W.P.No.50093 of 2006).

(2.) Heard both sides and perused the materials available on record. On behalf of Respondent Nos.1 to 5, counter affidavits are filed. No counter affidavit is filed on behalf of Respondent Nos.6 to 14.

(3.) According to the Petitioner, he was selected as Steno-Typist through the Tamil Nadu Public Service Commission (TNPSC) and was allotted to the erstwhile Chief Judicial Magistrate's Court, Tiruchirapalli. He joined as Steno- Typist on 25.03.1992 forenoon in the Court of learned Judicial Magistrate No.2, Karur, as per the proceedings of the Chief Judicial Magistrate, Tiruchirapalli, in the time scale of pay of Rs.975/-. The promotional avenue open to a Steno- Typist was the post of Assistant in the pay scale of Rs.1,200/-. The post of Assistant has the feeder grade of the post of Junior Assistant, Typist and Steno- Typist. Earlier, the ratio of promotion used to be 4:1 between the grades of Junior Assistant on the one hand and Typist/Steno-Typist on the other. Indeed, the ratio was quashed by the Tamil Nadu State Administrative Tribunal, in T.A.No.1449 of 1989. As such, a candidate who was appointed as Steno-Typist, had the opportunity of getting promoted as Assistant and then as Head Clerk in the Magistrate Court and then as Deputy Nazir in the Munsif Court. As a matter of fact, the post of Deputy Nazir in the Munsif is equivalent to the post of Superintendent in the Ministerial Service.