The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.

JUDGMENT

(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to Notification No.03/2022, Advertisement No.605 dated 23.02.2022 passed by 4th Respondent and quash the same insofar as recruitment to 29 posts of Assistant / Accountant in Sericulture Department (Post Code No.3118) and to direct the Respondents to promote the Petitioners to the Post of Assistant/Accountant with arrears of pay and allowances and all other consequential benefits.)

1. This Writ Petition is filed to quash the Notification No.03/2022, Advertisement No.605 dated 23.02.2022 passed by 4th Respondent insofar as recruitment to 29 posts of Assistant / Accountant in Sericulture Department (Post Code No.3118) and to direct the Respondents to promote the Petitioners to the Post of Assistant/Accountant with arrears of pay and allowances and all other consequential benefits.

2.(a) The Writ Petitioners were selected through Combined Civil Service Examination – Group IV in the year 2018 conducted by the Tamil Nadu Public Service Commission and appointed as Junior Assistants / Typists in various Subordinate Officers under the control of Director of Sericulture, Salem. The next avenue of promotion open to the Petitioners is to the post of Assistant/Accountant in Sericulture Department in the pay band of Rs.20600 – 75900 Level-10. Promotion to the Post of Assistant and to the posts which carry the scale of pay of Assistant, shall be filled up from qualified Junior Assistants and Typists from the combined inter-se-seniority list of the holders in these categories recruited in the same year, with reference to the date of regular appointment in the respective category. Recruitment Rules for the post of Assistant/Accountant in the Sericulture Department came to be amended vide G.O.Ms.No.39 dated 06.05.2019 issued by the Personnel and Administrative Reforms (B) Department. As per the amended rule 40% of the vacancies in the post of Assistant/Accountant was sought to be filled in by way of Direct Recruitment. The modified Conditions for filling up the Post of Assistant /Accountant in the Sericulture Department under the direct Recruitment quota is as follows:

1. Appointment to the service may be made in the category of Assistant/Accountant (Non-Technical) in the Sericulture Department by direct recruitment for employment in the State.

2. The number of vacancies in the State filled up under Rule 1 shall not exceed in any year forty percent (40%) of the total number of vacancies arising in the post of Assistant/Accountant in the State in that year

3. The Director of Sericulture shall be the appointing authority.

4. The principle of reservation of appointments as provided in Section 27 of the Tamil Nadu Goverment Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016) shall apply to such appointments, in the State.

5. No person shall be eligible for appointment as Assistant/Accountant by direct recruitment, if he has completed or will complete the age of 30 years on the first day of July of the year in which the vacancy is notified.

6. No persons shall be eligible for appointment as Assistant/Accountant, by direct recruitment, unless he possesses a degree from any University recognized by the University Grants Commission.

7. Every person appointed as Assistant/Accountant by direct recruitment shall be on probation for a total period of two years on duty within a continuous period of three years.

8. Every person appointed as Assistant/Accountant by direct recruitment shall, within the period of probation

(a) Complete the Foundation Training for a period of two months at the Cin Services Training Institute, Bhavanis