There cannot be any further reservation for backward classes in promotional posts.

P. Sathasivam, J.

Aggrieved by the common order of the Tamil Nadu Administrative Tribunal, Chennai dated 22.10.2002 made in O.A.No.3551 of 2000 etc., Registration Department SC/ST/MBC Employees General Welfare Sangam and others have filed the above writ petitions.

2. Tamil Nadu Backward Class Officials Association – applicant in O.A.No.9044 of 1997 has prayed for setting aside the letter of the Secretary to Government, Commercial Taxes and Hindu Religious Department, Chennai dated 06.10.1997. The other applicants mostly filed for challenging the letter of the Government dated 23.02.1999 issued by the Backward Class and Most Backward Classes Welfare Department, Government of Tamil Nadu. In other applications, the Assistants working in the Registration Department have challenged the panel prepared for appointment to the post of Sub-Registrar Grade II and published in Government letters dated 03.12.1997, 03.06.1999 and 24.09.1999.

3. The following facts are culled out from various applications filed before the Tribunal. The Government by its order dated 12.11.1993 has upgraded 551 posts of Junior Assistants and Typists, so as to enable them to draw salary of Assistant with a view to give them pecuniary advantages under the guise of promotional opportunities. As per the provisions of Tamil Nadu Commercial Taxes Subordinate Service Rules, the qualification for a person to be included in the panel for appointment to the post of Assistant Commercial Tax Officer by transfer is eight years of total service in Government, of which not less than 2 years should be spent as Assistant, as on crucial date. The upgraded Junior Assistants / Typists holding the post for two years cannot be made eligible for inclusion in the list of Assistant Commercial Tax Officer (in short "ACTO") by transfer. He can be included in the list only after he has been regularly promoted as Assistant in the service. The Special Commissioner and Commissioner of Commercial Taxes has rejected the request of certain upgraded Assistants for inclusion in the list of Assistant Commercial Tax Officer for the year 1996-1997, on the ground that they have not rendered two years of service as Assistant. Therefore, by letter dated 06.10.1997, the Government made it clear that two years in the upgraded post of Junior Assistant / Typist as enough qualification for inclusion in the list of ACTOs., is against the Rules and liable to be struck down.

4. The Assistants working in the Commercial Taxes Department filed other applications challenging the reservation provided in promotion while appointing ACTO from among the Assistants. All the applicants are initially recruited as Junior Assistants in the Commercial Tax Department and after completion of qualifying years of service and after passing of Departmental tests, they were promoted as Assistants, which is in Ministerial Service. The applicants became Assistants in the year 1991 and 1993. The next post in the hierarchy is ACTO, which is a Subordinate Service. The method of appointment to the category of ACTO is either by way of direct recruitment, which is done by the Tamil Nadu Public Service Commission or by way of recruitment by transfer. The post of ACTO, which is a Subordinate Service, the recruitment by way of transfer is made from among the clerks employed in Commercial Taxes Department and Clerks and Superintendents in any of the Commercial Taxes sections in the Office of the Commissioner of Commercial Taxes and all these persons belong to Tamil Nadu Ministerial Service. Appointment as ACTO from among the Assistants is only on the basis of seniority, subject to passing the eligibility test. In the order dated 29.02.2000, the Secretary to Government, Commercial Taxes Department, Chennai has stated that candidates (Assistants) who are working in the Tamil Nadu Ministerial Service are transferred as ACTOs., under the Tamil Nadu Commercial Taxes Subordinate Service for the year 1999. The grievance of the applicants i