S. C. AGRAWAL, J. - (1.) HAVING heard learned counsel for the parties, we grant special leave to appeal against order dated 17/04/1990 passed by the Tamil Nadu Administrative Tribunal (hereinafter referred to as 'the Tribunal') in T.A. No. 1509 of 1989 and O.A. No. 239 of 1989 and proceed to dispose of the appeals.
(2.) THESE appeals relate to appointment on the post of Statistical Inspector in the Department of Statistics of the Government of Tamil Nadu. The said appointment is governed by the statutory rules contained in Section 13 of Tamil Nadu General Sub- ordinate Service Special Rules (hereinafter referred to as 'the Rules'). As a result of reorganisation of the Department of Statistics vide G.O. Ms. No. 3364 dated 15/11/1968 the non-Gazetted staff in the said Department were categorised as technical staff and ministerial non-technical staff. Among the technical staff were included Assistant Statistical Investigators, Statistical Inspectors and Research Assistants. The ministerial non-technical staff consisted of Supervisors, Clerk, Assistants and Superintendents. Supervisors and Clerks in the Department were eligible for appointment by transfer, on the post of Assistant Statistical Investigator provided they possessed a degree in mathematics, statistics or economics. Clerks and Supervisors who did not possess a degree in the said subjects were only eligible for promotion to the post of Assistant and Assistants were eligible for promotion to the post of Superintendent. They could also be transferred to administrative posts in other departments. The ministerial non-technical staff of the Department of Statistics represented to the State Government that promotional opportunities may be provided for them in view of their long service in the Department and after considering the said representations, the State Government vide G.O. Ms. 2351 dated 20/08/1971 decided to permit non-graduate Assistants who had been appointed in the Department of Statistics prior to 15/11/1968, to be appointed on the post of Statistical Inspector and non-graduate junior assistants and Supervisors who had been appointed prior to 15/11/1968 to be appointed to the post of Assistant Statistical Inspector. In pursuance of the said decision, G.O. Ms. No. 123 dated 19/10/1973 and G.O. Ms. No. 655 dated 1/07/1977 were issued whereby necessary amendments were introduced in the Rules. Since the aforesaid relaxation was confined to ministerial non-technical staff who had joined the Department prior to 15/11/1968 and was not available to those who joined thereafter, representations were made by the ministerial non-technical staff who joined the Department after 15/11/1968 that there was frustration on account of lack of adequate opportunities for their promotion in the Department. After examining the possibility of improving their promotional opportunities, the Government decided that concessions similar to those extended to ministerial non-technical staff who were appointed prior to 15/11/1968 may be extended to those who joined the Department after that date and with that end in view, G.O. Ms. Nos. 869 and 870 dated 11/09/1985 were issued, G.O. Ms. No. 870 incorporates the said decision of the State Government and G.O. Ms. No. 869 gives effect to the said decision by introducing amendments in the relevant Rules. The appellant herein is an association of the ministerial staff employed in the Department of Statistics and is representing the Assistants who joined the Department after 15/11/1968. The appellant moved a Writ Petition (No. 6222/87) in the High Court of Madras for the issue of writ of mandamus or other appropriate writ directing respondents Nos. 1 and 2 herein to implement G.O. Ms. No. 869 dated 11/09/1985. It appears that respondent No. 3, M. Gnanasuriyan, who had been appointed on the post. of Assistant Statistical Investigator in the year 1984 by direct recruitment, also filed a Writ Petition (No. 4075 / 89) in the Madras High Court praying for the issue of writ of declaration or any other appropriate writ, order or direction declaring G.O. Ms. No. 869 dated 11/09/1985 as unconstitutional, null and void. After the constitution of the Tribunal, both these writ petitions stood transferred to the Tribunal and were: numbered as T. A. Nos. 1509 of 1989 and 1595 of 1989 respectively. While these cases were pending before the Tribunal, the State Government passed orders dated 26/01/1989 whereby 79 directly recruited Assistant Statistical Investigators were promoted as Statistical Inspectors. Feeling aggrieved by the said orders, the appellant filed an original application (O.A. No. 239/ 89) before the Tribunal and prayed that the said orders dated 26/01/1989 may be quashed.
(3.) ALL the aforementioned three matters were heard together and disposed of by the Tribunal by a common order dated 17/04/1990. T.A. No. 1595/89 arising out of W .P. No. 4075/ 89 filed by respondent No. 3 was dismissed as having become infructuous for the reason that the said applicant had already been promoted as Statistical Inspector and had also joined duty. As regards T.A. No. 1509/ 89 arising out of W.P. No. 6222/ 89 filed by the appellant, the Tribunal has held that the said case has also become infrucutous since G.O. Ms. No. 870 dated November 11, 1985 had already been implemented by the Government. O.A. No. 239/89 filed by the appellant was dismissed by the Tribunal on the ground that the orders issued on 26/01/1989 promoting 79 directly recruited Assistant Statistical Investigators as Statistical Inspectors were perfectly valid and are passed as per the Rules. The Tribunal was of the view that the G.O. Ms. 870 dated 11/11/1985 is operative only from the date of its issue and that respondents Nos. 1 and 2 had come to the correct conclusion that all the Assistant Statistical Investigators who had been appointed prior to 11/11/1985 and whose services were regularised should first be considered for promotion to the post of Statistical Inspector and only thereafter the ratio of 8:2 between Assistant Statistical Investigators and the Assistants on the ministerial side should be applied. Feeling aggrieved by the said decision of the Tribunal dismissing T.A. No. 1509 / 189 and O.A. No. 239/ 89, the appellant has filed these appeals. Shri Srinivasan, the learned counsel for the appellant has urged that the Tribunal was in error in dismissing T.A. No. 1509/89 filed by the appellant as infructuous on the view that the G.O. Ms. No. 870/89 dated 11/09/1985 had already been implemented by the Government. It has been urged that G.O. Ms. No. 870 dated 11/09/1985 as well as G.O. Ms. No. 869 dated 11/09/1985 prescribed ratio of 8:2 between Assistant Statistical Investigators and Assistants in the ministerial side for appointment on the post of Statistical Inspector and in view of the said orders whereby specific provisions have been made by amending the relevant Rules, it was obligatory on the part of the respondents Nos. 1 and 2 to apply the said ratio while making appointments on the post of Statistical Inspectors against vacancies occurring after 11/09/1985 and since appointments on the post of Statistical Inspector against vacancies occurring after 11/09/1985 have not been made in accordance with quota prescribed for promotion and recruitment by transfer it cannot be said that respondents Nos. 1 and 2 have implemented G.O. Ms. Nos. 869 and 870 dated 11/09/1985. It has also been urged that the Tribunal was in error in holding that respondents Nos. 1 and 2 have rightly promoted 79 directly recruited Assistant Statistical Investigators as Statistical Inspectors by orders dated 26/01/1989 and that all the Assistant Statistical Investigators who were appointed prior to 11/11/1985 and whose services were regularised should first be considered for promotion to the post of Statistical Inspector and only thereafter the ratio of 8:2 between Assistant Statistical Inspectors and Assistants in the ministerial side should be applied.;