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1997 Supreme(SC) 1496

1997(10) Supreme 34
SUPREME COURT OF INDIA
(From Tamil Nadu Administrative Tribunal)
Sujata V. Manohar & D.P. Wadhwa, JJ.
Government of Tamil Nadu & Anr. -Appellants
versus
S. Arumugham & Ors. -Respondents
Civil Appeal Nos. 385-89 of 1992
Decided on 20-11-1997
Counsel for the Parties :
For the Appellants : R. Mohan, Sr. Advocate, M.A. Krishnamoorthy, J.B. Ravi, Rajsekaran, Advocates.
For the Respondents : Ms. Asha Jain Madan, B.P. Singh, R.A. Perumal, Advocates.

IMPORTANT POINT
The Government has a right to frame a policy to ensure efficiency and proper administration and to provide suitable channels of promotion to officers working in different departments and offices and the Administrative Tribunal cannot substitute its own views for the views of the Government or direct a new policy based on the Tribunal s views.

Headnote:(i) SERVICE LAW-Promotions-Government has a right to frame a policy to ensure efficiency and proper administration and to provide suitable channels of promotion to officers working in different departments and offices-Correctness of a policy should not be questioned by Administrative Tribunal-Tribunal cannot substitute its own views for views of Government or direct a new policy.

       Held : The quota which should be fixed or the allocation which should be made for the purpose of deputing officers to the Tamil Nadu Revenue Subordinate Service is basically in the domain of the executive. Unless there is a clear violation of any provision of the Constitution, the Tribunal ought not to have given directions for formulating a new policy and a different quota. (Para 7)

       (ii) Constitution of India-Articles 14 and 16-Equality-Promotions-Concept of equality in matter of promotion can be predicated only when promotees are drawn from same source-If preferential treatment of one source in relation to the other is based on the difference between two sources-Recruitment can be justified as legitimate classification. (Para 7)

       (iii) Tamil Nadu Revenue Subordinate Service Rules-Tehsildar-Recruitment of-G.O.Ms. No. 145 (Revenue) dated 29.1.1990 issued by State of Tamil Nadu-Government decided to increase number of posts from 10 to 16 for city list for deputation as Tehsildars in Tamil Nadu Revenue Subordinate Service-Order challenged-Tribunal set aside G.O. Ms. No. 145-Appellants were directed to review their scheme as far as Secretariat staff was concerned and to evolve a different scheme-Tribunal also directed all Revenue Officers to be clubbed into one group-Whether decision of Tamil Nadu Administrative Tribunal is legally sustainable?-(No)-Tribunal ought not to have given directions for formulating a new policy and a different quota-It is basically in the domain of the executive.

       Held : The Tribunal itself came to the conclusion that combining all the departments and having a common seniority list was neither justified nor feasible. But it has given directions for a different kind of allocation and a different scheme. These directions pertain to policy matters. The Tribunal ought not to have directed the Government to change its policy. The Government has a right to frame a policy to ensure efficiency and proper administration and to provide suitable channels of promotion to officers working in different departments and offices. The Tribunal cannot substitute its own views for the views of the Government or direct a new policy based on the Tribunal s view of how the allocation should be made. The three groups which have been formed as far back as in 1977 for the purposes of allocation consist of officers performing different functions and having different prospects and different avenues of promotion. They cannot be equated for the purpose of Article 14 or 16. The quota which should be fixed or the allocation which should be made for the purpose of deputing officers to the Tamil Nadu Revenue Subordinate Service is basically in the domain of the executive. Unless there is a clear violation of any provision of the Constitution, the Tribunal ought not to have given directions for formulating a new policy and a different quota. (Para 7)

       

JUDGMENT

Mrs. Sujata V. Manohar, J.-These appeals arise from the order dated 30.4.1991 of the Tamil Nadu Administrative Tribunal in O.A. Nos. 1969, 3631, 3975, 3976 all of 1990 and O.A. No. 192 of 1991. All these applications had been filed by persons who were working as Superintendents in the office of the Director of Urban Land Ceiling and Urban Land Tax. They challenged G.O. Ms. No. 145 (Revenue) dated 29.1.1990 issued by the appellant- State of Tamil Nadu increasing the quota of Superintendents working in various specified offices for deputation as Tehsildars in the Tamil Nadu Revenue Subordinate Service since they were not satisfied with the quota for which they were eligible. The Tribunal has set aside G.O.Ms. No. 145 (Revenue) dated 29.1.1990 and has directed the appellants to review their scheme as far as the Secretariat staff is concerned and has directed them to evolve a different scheme which would give the staff a wider perspective in all aspects of executive works which, according to the Tribunal, would be more useful to the staff in the Secretariat working in different departments. The Tribunal has also directed all Revenue Officers to be clubbed into one group and for the manner of deputing officers from that group it has also given directions as to how such grouping could be made. The decision of the Tamil Nadu Administrative Tribunal has been challenged by the appellants before us.

2. Those who have been deputed as Tehsildars become eligible for further promotion as Deputy Collector in the Tamil Nadu Civil Service. The post of Tehsildar is governed by the Tamil Nadu Revenue Subordinate Service Rules. Recruitment to this post is from two sources -(1) by promotion from Deputy Tehsildars in the Tamil Nadu Revenue Subordinate Service or (2) by deputation from amongst Section Officers in the Secretariat and the Superintendents in the office of the Board of Revenue (Land Revenue), Board of Revenue (Food Production), Board of Revenue Settlement of Estates, the Commissioner of Civil Supplies, the Director of Service Settlements, the Director of Harijan and Tribal Welfare, the Director of Backward Classes, the Director of Rehabilitation, the Commissioner of Agricultural Income-tax, the Director of Urban Land Ceiling and Urban Land Tax and the Board of Revenue (Land Reforms), who had rendered satisfactory service as such for two years and who are otherwise qualified for appointment as Tehsildar. The Board of Revenue was abolished with effect from 1.12.1980 by reason of the Tamil Nadu Board of Revenue (Abolition) Act of 1980. Prior to its abolition the Board of Revenue comprised the following branches :-

(1) Land Revenue including excise;

(2) Commercial Taxes;

(3) Food production;

(4) Settlement of Estates;

(5) Transport;

(6) Agricultural income-tax;

(7) Urban Land Ceiling and Urban Land Tax; and

(8) Land reforms.

The Land Revenue branch of the Board of Revenue enjoyed a pre-eminent position because the Land Revenue branch was in overall control of the entire Revenue Department, while the other branches had specific functions and, therefore, had a limited field of activity. After the abolition of the Board of Revenue the Land Revenue branch has been replaced by the office of the Special Commissioner and Commissioner of Revenue Administration. The other branches also have become separate. Some sections are headed by Commissioners, such as, the Commissioner of Agricultural Income-tax, the Commissioner of Land Administration and so on. The branch of Urban Land Ceiling and Urban Land Tax has been replaced by the Directorate of Urban Land Ceiling and Land Tax.

3. Under G.O.Ms. No. 276 (Revenue) dated 31.1.1950 the appellants decided that the Superintendents of the Secretariat and the Superintendents of the Board of Revenue who were qualified for appointment as Tehsildars in the Madras Revenue Su


















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