9911796707
TMI Blog1999 (2) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners before the High Court Challenged the said seniority list and claimed that the relevant rules for fixing the seniority had not been followed by the State Government in drafting the provisional seniority list. The High Court has considered the matter in detail and struck off the said provisional seniority list. The High Court laid down certain guidelines for drafting the seniority list. They are as follows : 1) Each year should be taken as a Unit for fixing the inter se seniority. 2) Persons not actually appointed in the year 1966 should not be included in 1966 year's list and that seniority should be determined with reference to the date of their joining as Joint Commercial Tax Officer, and 3) The date on which an Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion permanent cadre strength . It is contended that the cadre consists not only permanent posts but also temporary posts. It is argued by the learned counsel for the State Government that as regards the direct recruits, they were recruited only for permanent posts but with regard to the transferees from other services, they were appointed not only to permanent posts but also to temporary posts. It is the contention of the learned counsel that all these persons who are holding the temporary posts prior to the appointment of the writ petitioners should also to considered for the purpose of fixing the seniority and they should not be omitted out of consideration. Learned counsel for the State contended that temporary appointment to permanen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that as the transferee were from the services of the Ministerial Service to a Subordinate Service, they should have been appointed only under the Rule 10(a)(1). This doubt has not been cleared on the side of the respondents as well. But that will not make any difference as the substance of Rule 10 and Rule 39 of the General Rules is the same, in the sense, the former applies to temporary appointment and the latter to temporary promotion. In view of the above, any appointment made, though all persons eligible or qualified by way of transfer in excess of their respective quota, would be otherwise than in accordance with the Rules. 6. Again the High Court has pointed out that the transferees, who could not be accommodated in the quota reser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at what is referred to applies to permanent posts which are substantive posts and the vacancies thereto are substantive vacancies. As stated earlier, learned counsel has not produced before us any material to show that the cadre comprises both permanent and temporary posts. We have no reasons to differ from the view taken by the High Court. A chart has been produced before us by the learned counsel for the State Government to show the cadre strength of Assistant Commercial Tax Officers in Commercial Taxes Department, Tamil Nadu from the year 1972 to 1997. In all those years there were 271 permanent posts. As against that in 1972, 422 posts are shown to be temporary and the total is 693. In 1997, 1080 posts are shown as temporary and the tot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithin the cadre. It is advantageous to quota para 23 of the judgment of the High Court which reads as follows : In the light of the discussion, the impugned seniority list of A.C.T.Os. has to be revised. It is seen from S. Nos. 129 to 519, the placements are given to transferee A.C.T.Os. belonging to either 50% reserved category. It follows from the principles now formulated that the A.C.T.Os. bearing S. Nos. 129 to 519 in the impugned seniority list can be placed above the petitioners in inter se seniority list only if they had held the post substantively within the permanent cadre strength allotted to the particular category even before the petitioners commenced their probation. Such of those who do not comply with the above requiremen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
