The right to consideration for promotion under Rule 3(g) of Tamil Nadu Ministerial Service Rules is a fundamental right for employees with no promotional avenues.

ORDER :

The short question that would arise for consideration in this writ petition is as to whether the petitioners herein who are all working as Lab Assistants in Tamil Nadu General State and Subordinate Services are entitled for consideration of their cases for appointment by transfer to the post of Junior Assistant, Junior Assistant-cum-Typist or Typist in terms of Clause (g) of Rule 3 of Tamil Nadu Ministerial Service Rules or not? All the petitioners herein were initially engaged for census work and thereafter, by virtue of the orders passed by the Hon'ble Apex Court, they were all appointed as Office Assistants in the State and Subordinate Service during the year 1997 and thereafter, they were promoted to the post of Lab Assistants during the year 2012. From the year 2012 onwards, all the petitioners have been continuing as Lab Assistants and they all were extended the benefit of Selection Grade etc., on completion of fixed number of years of service in the post of Lab Assistant, due to stagnation in the said post for long period.

2. Heard Mr.R.Singaravelan, learned Senior Counsel assisted by Ms.M.Srividhya, learned counsel for the petitioners and Mr.K.H.Ravikumar, learned Government Advocate for the respondents.

3. The learned Senior Counsel appearing for the petitioners, by placing reliance on Clause (g) of Rule 3 of Tamil Nadu Ministerial Service Rules, contended that the said Rule is a beneficial provision introduced for the benefit of certain category of employees, such as the categories, who have no promotional avenues or the categories who have promotional avenues, but have been drawing lesser pay than the pay scale attached to the post of Junior Assistant, Junior Assistant-cum-Typist and Typist by way of appointment by transfer and the petitioners herein would fall within the first category viz., the category who have no promotional avenues. He also further contended that the beneficial provision contained in Clause (g) of Rule 3 of Tamil Nadu Ministerial Service Rules is required to be understood in a manner, which will subserve the purpose of introducing the said Rule. In support of his contention, the learned Senior Counsel placed reliance on the decisions of the Hon'ble Apex Court in the case of Kanai Lal Sur vs. Paramnidhi Sadhukhan reported in AIR 1957 SC 907 and Rohan Builders (India) Private Limited vs. Berger Paints India Limited reported in (2024) 5 MLJ 305 (SC).

4. He also further contended that the right of consideration for promotion is a fundamental right and therefore, the petitioners are entitled for consideration of their case for promotion in terms of Clause (g) of Rule 3 of Tamil Nadu Ministerial Service Rules and also placed reliance on a decision of the Hon'ble Supreme Court in the case of Union of India and another vs. Hemraj Singh Chauhan and others reported in (2010) 4 SCC 290. He also further contended that the impugned order rejecting the claims of the petitioners for appointment to the post of Junior Assistant etc., on the ground that the petitioners have been drawing scale of pay equal to the post of Junior Assistant and therefore, they do not fall within the scope and ambit of Rule 3(g) is totally arbitrary and result of non-application of mind, as the petitioners would directly fall within the scope of first limb of Rule 3(g)(i) of Tamil Nadu Ministerial Service Rules viz., the category having no promotional avenues.

5. On the other hand, Mr.K.H.Ravikumar, learned Government Advocate appearing for the respondents contended that the petitioners, who were initially appointed as Office Assistants were promoted to the post of Lab Assistants in the year 2012 and the pay of the Lab Assistant was made equal to the pay of Junior Assistant by virtue of orders issued by the Government in G.O.(Ms).No.63, Finance (Pay Cell) Department, dated 26.02.2011 and therefore, the petitioners are not entitled for the benefit of appointment to the post of Junior Assistant in terms of Rule 3(g) of Tamil Nadu