The main legal point established in the judgment is the court's authority to direct the second respondent to pass necessary orders for the fixation of correct seniority on par with S. Shanmugam in the cadre of Sub Registrar Grade II, and to ensure the extension of eligible benefits and grant of notional promotion with monetary benefits if entitled.

JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in Lt.No.4875/H2/2007-4 dated 20.04.2007 and quash the same and directing the respondents to revise and refix the seniority of the petitioner as per the orders of the Tribunal and Hon'ble Division Bench.

1. This writ petition is filed challenging the order dated 20.04.2007 and direct the respondents to revise and refix the seniority of the petitioner as per the orders of the Tribunal and Hon'ble Division Bench.

2. The case of the petitioner is that he was initially selected for the post of Junior Assistant and he joined service on 26.08.1965. Subsequently, he was promoted to the post of Assistant on 29.05.1973 and he was included in the approved list of candidates fit for appointment to the post of Sub-Registrar Grade II only on 05.03.1986. Due to belated inclusion of his name in the seniority list and promotion, he was subsequently promoted as Sub Registrar Grade I only in the year 1996.

(b) The petitioner's claim is that the seniority in the post of Junior Assistant is to be taken into account for promotion to the post of Sub-Registrar Grade II, and not from the category of Assistant. As per Rule 4(b) (2) of the Tamil Nadu Registration Subordinate Service Rules, the seniority in the post of Junior Assistant alone is to be taken into account and not from the Assistant.

(c) One V. Narayanan filed an application in O.A.No.392/1989 before the Tribunal challenging the seniority on the ground that the seniority should be considered in the feeder category not from the Assistant post. The Tribunal after analysing all the facts, allowed the applications by holding that the Rules prescribed 8 years of service in the categories of Junior Assistant, Typist, Steno typist of which not less than two years shall be on duty as Assistant. Therefore, based on the said Tribunal order, the petitioner claimed the seniority on par with said Narayanan.

(d) Further according to the petitioner, he was appointed to the post of Junior Assistant through the Tamil Nadu Public Service Commission on merits by direct recruitment and joined service on 26.08.1965. The petitioner was promoted to the post of Sub Registrar Grade II in the year 1986, whereas, juniors to the petitioner have been placed over and above his seniority in the list. The petitioner also filed O.A.No.9072 of 1998 before the Tribunal for considering his representation in respect of inclusion of his name in the panel for promotion. The Tribunal has also passed order directing the respondents to consider the request of the petitioner. Accordingly, the respondents included the petitioner's name in the 2001-2002 panel as District Registrar. However, the petitioner has not been granted any further promotion. According to the petitioner, he has not been considered for further promotion of D.I.G. The further grievance of the petitioner is that one Shanmugam, who is junior to the petitioner was given promotion as Sub-Registrar Grade II on 01.10.1984 and Sub Registrar Grade I in 1993-94. Also one P. Gobinathan was also promoted in the year 1984 who is also junior to the petitioner. Therefore, the petitioner is now seeking to revise and refix the seniority of the petitioner as per the orders of the Tribunal and Division Bench order of this court.

3. The second respondent has filed counter affidavit, wherein it is stated as follows:

(i) On 26.12.2006, the second respondent herein has requested the Deputy Inspector General of Registration, Cuddalore, to obtain from the petitioner, the particulars of Junior and Senior to the petitioner. In reply to the said letter, the petitioner herein has stated that on 22.01.2007 he did not know any junior promoted earlier to him as Sub Registrar Grade II and his only request is to fix his seniority on par with V. Narayanan. The said Narayanan was appointed as Junior Assistant on 01.04.1958 and the petitioner was