N.Velu vs The District Revenue Officer, & Anr.

These writ appeals are directed against the common order, dated 11.01.2017, passed in W.P.(MD) Nos.19516 to 19520 of 2015, filed by the",

respondents 1 and 2 in all these writ appeals.,

For the sake of convenience, the parties shall be referred to as per the nomenclature in the writ petitions.",

The writ petitioners are promottee assistants and the private respondents in the writ petitions are direct recruit assistants. In this Judgment, they",

shall be referred to as ""Promottee Assistants"" and ""Direct Recruit Assistants"".",

The writ petitions were filed for issuance of a writ of certiorari to quash the order, passed by the first respondent / District Revenue Officer,",

dated 09.10.2015, by which the petitioners, who were undergoing training as Firka Revenue Inspectors, were re-posted as Revenue Assistants.",

Though in the prayer sought for in the writ petitions it is termed as reversion, it is not so as there is no change of emoluments or service conditions.",

This position is not disputed by the writ petitioners. The claim of the petitioners was largely based on the instruction given by the then Board of,

Revenue, dated 22.06.1970, which states that once a person is deputed for Revenue Inspector Training and commenced to act either as Firka",

Revenue Inspector or Special Revenue Inspector, he should be allowed to complete the period of two years and he should not be reverted to give",

place to his seniors, who has qualified later.",

The petitioners contended that this instruction issued by the then Board of Revenue has been violated and therefore, the order passed by the first",

respondent, dated 09.10.2015, requires to be set aside.",

The petitioners contended that the prescribed qualification for being posted as Firka Revenue Inspector is passing of Revenue Test Papers,

Parts-I, II and III and completion of Survey Training and completion of training in Bhavani Sagar Institute. It is submitted that the promottee",

assistants / petitioners passed the Revenue Test during the years 2010 and 2011, on the other hand, the direct recruit assistants passed the",

Revenue Test during the years 2013-2015 and the passing of the Revenue Test is a pre-requisite qualification for being posted as Firka Revenue,

Inspector as per the provisions contained in Annexure-IX of Rule 38(b)(ii) of the Tamil Nadu Ministerial Service Rules and for deputation to,

Bhavani Sagar Institute for training and only after passing of Revenue Tests and completion of Survey Training, they would be posted as Firka",

Revenue Inspectors and accordingly, the petitioners / promottee assistants were posted as Firka Revenue Inspectors in September and October,",

2014.,

Further, it is submitted that the promottee assistants have to complete eight years of total service for promotion as Deputy Tahsildars and the",

direct recruit assistants are required to complete five years of service for being eligible to be promoted as Deputy Tahsildars. The direct recruit,

assistants joined duty as Assistants during December, 2012 and they will complete five years of service only in December, 2017. The crucial date",

for preparation for the list of Deputy Tahsildar is 15th of September of every year and the direct recruit assistants can compete for inclusion of their,

names in the list of Deputy Tahsildar for the year 2018. Whereas, the promottee assistants, who have joined duty as Junior Assistants, through",

TNPSC on 29.05.2009 except one of the petitioners, namely, Thiru.S.Rajkumar, all other promottee assistants would be eligible to compete for",

inclusion of their names in the list of Deputy Tahsildar of the year 2017. Therefore, it was submitted that the order of the first respondent, dated",

09.10.2015, is required to be set aside.",

The contention of the private respondents / direct recruit assistants was that they having been included in the panel of Assistants even in the year,

2012 are to be posted as Firka Revenue Inspectors and therefore, the order passed by the first respondent directing the petitioners to be posted",

as Revenue Assistants is perfectly in order and the same is not an order of reversion, but it is only a case of transfer and posting as Revenue",

Assistants and as and when vacancy position improves, the petitioners / promottee assistants will be given posting as Firka Revenue Inspectors in",

accordance with their seniority.,

The Writ Court, after considering the case, by the impugned common order held that the discontinuance of the Firka Revenue Inspector",

Training to which the promottee assistants were sent cannot be disrupted or discontinued and if it is done, it would be contrary to the instruction",

given by the then Board of Revenue, dated 22.06.1970, and accordingly, allowed the writ petitions and set aside the order passed by the first",

respondent. The direct recruit assistants as well as the District Revenue Officer / Government are on appeal before us in these batch of cases.,

Heard Mr.T.Lajapathi Roy, learned counsel and Mr.S.Chandrasekar, learned Government Advocate appearing for the appellants and",

Mr.S.Visvalingam, learned counsel appearing for the private respondents / writ petitioners and carefully perused the materials placed on record.",

Before we examine the correctness of the impugned decision, we may note that the appellants, as on date, have completed 1 year 6 months",

and 8 days out of the two years period of training. Though the writ petitioners obtained an interim order, when the writ petitions were entertained,",

by then they were all relieved and posted as Revenue Assistants and therefore, pending writ petitions, the appellants / direct recruit assistants were",

undergoing training and they have another six months to complete the training.,

The contention of the appellants is that the Writ Court allowed the writ petitions solely on the ground that the promottee assistants having been,

sent for Firka Revenue Inspector Training should be allowed to continue the training for the period of two years in terms of the instruction of the,

then Board of Revenue, without adverting to Rule 38(b)(ii) of the Rules, which provide for the requirement of giving training to direct recruit",

assistants immediately after completion of 1 year and 4 months of their initial training.,

Earlier, the Government of Tamil Nadu issued G.O.(Ms) No.884, dated 12.08.1992 and G.O.(Ms) No.133, dated 07.02.1995, ordering that",

the qualified direct recruit assistants will be considered for promotion on completion of five years of service and they will be placed in the seniority,

list over and above the promottee assistants and the Government Order, in G.O. (Ms) No.884, dated 12.08.1992, was challenged before the",

Period,Items of Training

(1),(2)

i.First three months,"1.With Firka Revenue Inspector : One Week

2.Revenue, Divisional : Officer''s Office. : One Week

3.Collector''s Office : Two Weeks

4.Foundation Training at the Civil Training Institute, Bhavanisagar : Two months

ii.Next one year,In Taluk Office as Assistant dealing with Revenue subjects.

,

(a) First two vacancies,Persons appointed by promotion

(b) Third vacancy,Persons appointed by promotion

(c) Fourth and fifth vacancies,Persons appointed by promotion

(d) Sixth vacancy,Persons appointed by direct recruitment