SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1985 Supreme(Mad) 345

1986 1 MLJ 357
V. Ratnam, J.
C. Natarajan
Versus
The Government of Tamil Nadu, Represented By The Secretary To Government, Forest And Fisheries Department And Ors.
Decided on : 13/8/1985
W.P.Nos.2727 and 5772 of 1979

No lien on another post can be retained by the person appointed temporarily.

Headnote:Service Law-Person appointed temporarily and regularised subsequently cannot retain lien in another post.

       

ORDER

V. Ratnam, J.

1. In these writ petitions at the instance of the same petitioner, he has prayed for the issue of a writ of certiorari to quash the orders of the second respondent in No. 3760/E5/78-2 dated 3.4.1979 and in 3760/E5/79-1 dated 2.4.1979 respectively, by which the second respondent proceeded to give paper promotion to respondents 3 to 53 in W.P.No. 2727 of 1979 and respondents 3 and 4 in W.P. No. 5772 of 1979. Since common questions arise for decision in these writ petitions and the impugned orders in both the writ petitions are identical, these writ petitions are dealt with together.

2. The petitioner was recruited as an Assistant Statistical Investigator in the year 1969 through the Tamil Nadu Public Service Commission and was appointed to that post on 19.8.1970, he having fulfilled all the prescribed qualifications. The Statistics Department was brought into the fold of Tamil Nadu General Subordinate Service and the following categories of officers were included therein, namely, Statistical Inspectors, Statistical Assistants, Assistant Statistical Investigators, Computers, Supervisors and Junior Draftsman. Regarding the appointment to the post of Assistant Statistical Investigators, the appointment was to be made (a) by direct recruitment or (b) by promotion from the category of Supervisor in the Department of Statistics, or (c) by recruitment by transfer from members of Tamil Nadu Ministerial service in the Department of Statistics. It is not necessary, for purposes of these writ petitions, to notice the other categories of posts or the mode of appointment to those posts. for the purpose of direct recruitment of Assistant Statistical Investigators, the applicant should possess a degree in Mathematics, Statistics or Economics of any University or Institution recognised by the University Grants Commission and should not have completed 25 years of age as on the 1st day of July of the year in which the selection for appointment is made. For appointment as Assistant Statistical investigator by promotion, the person concerned was required to possess a degree in Mathematics, Statistics or Economics of any University or Institution recognised by the University Grants Commission, but that qualification was not to be insisted upon in the case of Supervisors in the Department of Statistics who have put in service for a period of not less than 10 years and who, in the opinion of the appointing authority, are found to be of exceptional merit and ability. As regards recruitment by transfer from Tamil Nadu Ministerial Service, the person concerned should possess a degree in Mathematics, Statistics or Economics of any University or Institution recognised by the University Grants Commission and should not have completed 40 years of age as on the 1st day of July of the year in which the selection for appointment is made. Preference also was to be given to persons possessing experience in statistical analysis and computation in the office of the Director of Statistics, Madras, or in the Indian Statistical Institute, Calcutta, or the Central Statistical Organisation, New Delhi.

3. By G.O. Ms. No. 3364, Agriculture Department, dated 15.11.1968, rationalisation of various categories of personnel in the Department of Statistics was brought about and certain changes in the organisational set up were also made. Broadly, the Department was divided into Technical Side and Non-Technical Side. The posts of Assistant Statistical Investigators, Statistical Inspectors and Research Assistants were brought under Technical Side of the Department, while the posts of Supervisors, Clerks, Assistants and Superintendents were grouped under Non-Technical Side. The post of Assistant Statistical investigator was made the entry post on the Technical Side and 75% of posts in that category were to be filled up by direct recruitment and 25% by transfer from Clerks/Supervisors. Regarding Clerks and Supervisors not possessing a degree in Mathematics, Statisti




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top