R.BANUMATHI, J. - (1.) These appeals arise out of the judgment dated 09.03.2012 passed by the Madurai Bench of Madras High Court in WA (MD) Nos.1285-1290 of 2011 in and by which the High Court has set aside the order of the Single Judge and directed the respondentsto draw the seniority list taking Direct recruit Assistants, Promotee graduate Assistants and Promotee non-graduate Assistants as one group for promotion as Deputy Tahsildar. The order of dismissal of the review petitions by the High Court is also impugned in these appeals.
(2.) The issue involved in these appeals is the implementation of the amended Rule 5(g) in Annexure-III, item No. (ii) of the Tamil Nadu Revenue Subordinate Service Rules (TNRSS Rules) coupled with the judgment of the Supreme Court in M. Rathinaswami and Others v. State of Tamil Nadu and Others (2009) 5 SCC 625 by which the Supreme Court read down the Rule insofar as the Promotee graduate Assistants and upheld the validity of the Rule to the extent it gives preference to the Direct recruit Assistants over the Promotee non-graduate Assistants. The post of Assistant in Revenue Department is filled up by two sources; one is by direct recruitment through Tamil Nadu Public Service Commission and other is by promotion from the category of Junior Assistants with the minimum qualification of SSLC. The post of Assistant in Revenue Department in the State of Tamil Nadu is governed by the Tamil Nadu Ministerial Service Rules. The said Rules are framed in exercise of powers conferred by proviso to Article 309 of the Constitution of India. As per the original TNRSS Rules, the inter-se seniority of the Direct recruit Assistants in the Districts shall be fixed in the following cyclical order irrespective of the date of their joining of the duty:-
(3.) The Direct recruit Assistants in Revenue Department submitted representation that they be given preferential treatment in the matter of promotion to the cadre of Deputy Tahsildar without basing their seniority in the Assistant list. In G.O. No. 884 dated 12.08.1992, Revenue Department directed the Special Commissioner and Commissioner of Revenue Administration to send necessary draft amendment to the Special Rules to the TNRSS Rules so as to consider the cases of Direct recruit Assistants in the District Revenue Administration on completion of five years training for inclusion in the Deputy Tahsildar list. Accordingly, the Principal Commissioner and Commissioner of Revenue Administration had sent proposals for amendment to Rule 5(g) and Annexure-III to Special Rules for the TNRSS. The State Government approved the draft amendment to Rule 5(g) and Annexure-III Item (ii) to the Special Rules for the TNRSS Rules in G.O. No. 133 dated 07.02.1995. The said amendment reads as under:- In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tamil Nadu hereby makes the following amendments to the Special Rules for the Tamil Nadu Revenue Subordinate Service Section 28 in Volume III of the Tamil Nadu Services Manual, 1970. 2. The amendments hereby made shall be deemed to have come into force on the 4th December, 1978. 2. In Annexure III, in item (ii), for the last proviso, the following provision(s) shall be substituted namely:- "provided also that an Assistant appointed by direct recruitment in the office of the erstwhile Board of Revenue, who has completed a total service of five years, passed all the tests prescribed and undergone training as Firka Revenue Inspector for a period of two years successfully shall be eligible for inclusion of his name in the approved list of Deputy Tahsildars for Madras City, above his seniors appointed other than by direct recruitment or for re-fixation of his seniority over such seniority, if his name has already been included in the list of Deputy Tahsildars. The consideration of his claim shall be against the first vacancy that follows the carried over vacancies. 3. After the proviso so substituted, the following proviso shall be added:- "Provided also that an Assistant appointed by direct recruitment in the District Revenue Unit, who has completed a total period of five years, passed all the tests prescribed and undergone training as Firka Revenue Inspector for a period of two years successfully, shall be eligible for inclusion of his name in the approved list of Deputy Tahsildars in the District above his seniors appointed other than by direct recruitment or for re-fixation of his seniority over such seniors, if his name has already been included in the list of Deputy Tahsildars. The consideration of his claim shall be against the first vacancy that follows the carried over vacancies". ;