R. Sivagnanam vs The District Educational Officer and The Director, The Directorate of School Education

A.K. Rajan, J.—The petitioner was appointed as Office Assistant on 29.04.1978 on compassionate grounds and he joined duty at

Nedungulam Primary School. Subsequently, he was promoted as Record Clerk on 07.01.1994 and thereafter on 29.12.1995, he was promoted

as Junior Assistant. While so, by the impugned order dated 21.05.2004, he was reverted from the post of Junior Assistant to the post of Record

Clerk on the ground that the Service Commission has not approved his appointment as Junior Assistant and that a person cannot be promoted as

Junior Assistant before getting prior approval of the Service Commission.

Learned Additional Government Pleader, referring to G.O.Ms.No.1499, dated 03.08.1989, contended that when a person, who is qualified to

be appointed as Junior Assistant and who, initially, was appointed as Office Assistant, if promoted as Junior Assistant, prior approval of the

Service Commission has to be obtained in that regard and hence, the order of reversion is legally sustainable.

Inasmuch as the petitioner was promoted as Junior Assistant on 29.12.1995 and he continued to hold the said post till the impugned order was

passed, his reversion is not legally sustained. Hence, the argument of the learned Additional Government Pleader is not acceptable. Further, it has

to be noted that the Government Order specifically reads that a person appointed to a lower post like Record Clerk, Office Assistant and

Sweeper on compassionate grounds but possess the qualification required for the post of Junior Assistant at the time of initial appointment to a

lower post may be appointed as Junior Assistant/Typist and that this concession is allowed only to those who have already been appointed to a

lower post like Record Clerk, Office Assistant, Sweeper etc. It further reads that the dependents should satisfy the conditions prescribed for

consideration of appointment under compassionate grounds at the time of their appointment as Junior Assistant, Typist etc. From this, it cannot be

said that when he was promoted as Junior Assistant from a lower category, such promotion must get the approval of the Service Commission.

Under Service Rules, there is no such provision that whenever a person is promoted from a lower category, such promotion has to be reported to

the Service Commission, because, the posts of Junior Assistant and Typist are filled up both by direct recruitment and promotion. Here, the

petitioner was initially appointed (on compassionate grounds) as Office Assistant. Subsequently, he was promoted as Record Clerk and thereafter

as Junior Assistant. In such circumstances, there is no necessity at all to get approval from the Service Commission and hence, the impugned order

is liable to be set aside.

Consequently, the Writ Petition is allowed. No costs. Connected Miscellaneous Petitions stand closed.