Equitable consideration and adherence to the Principles of Natural Justice in the conversion of temporary promotion lists into regular panels for promotion.

1. The Petitioners have preferred the instant Writ of Mandamus praying for an issuance of an order by this Court directing the respondent to convert the temporary list for promotion to the post of Assistant Section Officer for the year 2007-2008 issued in G.O.(4D) No.11, Personnel and Administrative Reforms (U) Department, dated 05.02.2008 into a regular panel with fixation of seniority and issue a separate Government Order in this regard.

2. The Summation of Long Germane Facts:

According to the Petitioners, they were originally recruited/appointed as Personal Clerks and subsequently promoted to the post of Senior Personal Clerks during the course of time. As a matter of fact, the Personal Clerks who had rendered considerable years of service were promoted to the post of Senior Personal Clerk, which carried a higher scale of pay.

3. Further, it is the stand of the Petitioners that they are degree holders and as such, they are fully qualified for next promotion in service.

4. The plea of the Petitioners is that the post of Assistants (Graduates), Assistants (Non-Graduates), Typists, Senior Typists, Personal Clerks, Senior Personal Clerks and Personal Assistants were formed earlier as feeder category to the post of Assistant Section Officer in the Secretariat. Also, the Personal Clerks, Senior Personal Clerks and Personal Assistants could opt for the Assistant Section Officer line of promotion. In regard to the post of Personal Assistants were concerned, they were normally appointed to the post of Assistant Section Officer by transfer, as they both carry the same pay scale and duties. Indeed, Personal Clerks and Senior Personal Clerks as per the aforesaid mode of appointment were regularly promoted to the post of Assistant Section Officer upon acquiring the necessary educational qualification and years of service and subject to available vacancies in the cadre of Assistant Section Officer. A similar method was adopted with regard to Typists, Senior Typist and Assistants (Non-Graduates) in the promotion to the post of Assistant Section Officer. Added further, Special Rules for Tamil Nadu Secretariat Service prescribed Rosters for appointment to the Assistant Section Officer post, wherein a roster/avenue for promotion was also done from among the feeder category of Personal Clerks (which includes Senior Personal Clerks) and Personal Assistant.

5. The aforesaid method of appointment was periodically amended, while maintaining the promotional avenue from the category of Personal Clerk and Personal Assistant. Accordingly based on the orders in O.A.No.1790 of 1996 passed by the Tamil Nadu Administrative Tribunal, the Respondent/Department amended the Rules to bring in a separate avenue of promotion for Non Graduate Assistants to the post of Assistant Section Officer, which was challenged by the Tamil Nadu Secretariat Typists and Steno Typists Association vide O.A.No.1790 of 1996 on the file of the Tamil Nadu Administrative Tribunal on the ground that the later amendment reduces the chances of promotion to the post of Typists and Steno-Typists (also referred/equated with Personal Clerks). Later, the said original application came to be converted as W.P.No.21949 of 2006 on the file of this Court. On 20.11.2006, in the aforesaid W.P.No.21949 of 2006, amendment in issue was set aside and the Respondent/Department (Personnel and Administrative Department) was directed to re-examine the matter afresh in regard to the total number of persons available in various categories of posts such as Graduate Assistants, Non-Graduate Assistants, Personal Clerks, Typists and Personal Assistants and provide a scientific ratio among the above mentioned category of posts so that all the feeder categories get their due share in the matter of promotion having regard to the nature of duties performed as well as cadre strength.

6. Pursuant to the order dated 20.11.2006 in W.P.No.21949 of 2006, the Respondent/Department issued G.O.(Ms.) No.237 dated 26.10.200