JUDGMENT

Markandey Katju, J.—

1. Leave granted.

2. These appeals by special leave have been filed against the impugned judgments dated 10.9.2005 and 27.02.2008 in Writ Petition No.27173 of 2003 and 5022 of 2008 respectively, of the High Court of Judicature at Madras.

3. Since common questions of law and fact are involved in both these appeals they are being disposed off by a common judgment.

4. Heard learned counsel for the parties and perused the record.

5. The appellants are promotee Assistants governed by the Tamil Nadu Ministerial Service Rules having been promoted from the post of Junior Assistants in the Revenue Department in the State of Tamil Nadu. They were appointed as Junior Assistants after having passed the competitive examination conducted by the Tamil Nadu Public Service Commission (hereinafter referred to as ‘the Commission’). Though the minimum educational qualification for Junior Assistant was S.S.L.C., it is alleged that even at the time of their selection to the post of Junior Assistants, most of the appellants were graduates or post graduates, and many completed their graduation subsequently while in service.

6. For appointment to the post of Assistant there