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2009 DIGILAW 4255 (MAD)

R. Muniyandi v. The Secretary to Government Adi-Dravidar & Tribal Welfare Department & Others

2009-10-14

D.HARIPARANTHAMAN

body2009
Judgment :- The Original Application in O.A.No.1554 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") is the present Writ Petition. 2. The petitioner was appointed as Cook in the Government Boys Hostel,Veerasigamani, Tirunelveli District, under the Adi-Dravidar and Tribal Welfare Department. He joined in the service as Cook on 112. 1986. He passed S.S.L.C in the year 1989 and Plus Two in the year 1991 and subsequently passed B.A. on 19.08.1994 and B.Ed., on 17.06.1996. The petitioner states that the next avenue for promotion is Tutor-Cum-Warden, as per G.O.Ms.No.405, Home Department, dated 02.02.1963. 3. The petitioner states that similarly placed persons, like the petitioner herein, filed Original Applications before the Tribunal, claiming promotion to the post of Tutor-Cum-Warden. Those persons were appointed based on the order of the Tribunal, dated 010. 1993. It is specifically averred that the respondents implemented the order of the Tribunal in the year 1997 and appointed those persons as Tutor-Cum-Warden. He made a representation dated 011. 1997 requesting to extend the similar benefit to him. 4. The petitioner also filed Original Application in O.A.No.5339 of 1998, before the Tribunal. The Tribunal passed an order dated 24.07.1998, directing the respondents to consider the representation dated 011. 1997 and pass orders within a period of twelve weeks from the date of receipt of a copy of the said order. However it is stated that no order was passed. 5. The petitioner states that he was working for the past 15 years without any promotion, when he filed the present Original Application seeking promotion to the post of Tutor-Cum-Warden. 6. Heard Mr.S.M.Subramaniam, learned counsel for the petitioner and Mr.P.Muthukumar, learned Government Advocate for the respondents. 7. The learned counsel for the petitioner has brought to my notice a letter No.176261/BCI/96 of the Secretary to Government, Backward Classes and Most Backward Classes Welfare (BCT) Department, dated 25.04.1997. In the said letter, it is categorically stated that the Cooks, who are qualified persons, are entitled to promotion to the post of Tutor-Cum-Warden. The petitioner has also enclosed an order dated 31.08.1998, of the District Collector, Tirunelveli, promoting a Cook as a Warden, in the Department. However, those proceedings are related to the Backward Classes and Most Backward Classes Departments, whereas, the petitioner belongs to Adi-Dravidar & Tribal Welfare Department. 8. The petitioner has also enclosed an order dated 31.08.1998, of the District Collector, Tirunelveli, promoting a Cook as a Warden, in the Department. However, those proceedings are related to the Backward Classes and Most Backward Classes Departments, whereas, the petitioner belongs to Adi-Dravidar & Tribal Welfare Department. 8. The District Adi-Dravidar Welfare Officer sent a letter dated 12.01.1997 to the Director of Adi-Dravidar Welfare Department, the second respondent herein, recommending the petitioner for promotion to an appropriate post, based on his qualification. It is also stated that the service of the petitioner is without any blemish. There is also another similar recommendation letter dated 10.03.1997, by the same authority to the second respondent. 9. The learned counsel for the petitioner has also brought to my notice a letter dated 02.06.1998 sent by the second respondent to first respondent, requesting the first respondent to clarify as to whether non-scheduled caste candidates could be promoted to higher posts, based on G.O.Ms.No.405, Home Department, dated 02.02.1963, if they are qualified. In fact, it seems that the second respondent sought for certain particulars regarding the petitioner for his claim to promotion from Cook to Tutor-Cum-Warden and the District Adi-Dravidar Welfare Officer, the third respondent, sent the details vide letter dated 25.08.1999. However, no action was taken by the second respondent. 10. Hence, the petitioner filed the present Original Application in O.A.No.1554 of 2002 (W.P.No.11699 of 2007) praying for a direction to promote him to the post of Tutor-Cum-Warden. 11. The aforesaid narration of facts make it very clear that in the other Department, namely, the Backward Classes and Most Backward Classes Welfare Department, the cooks are promoted to higher post, i.e. Tutor-Cum-Warden in the Boys Hostel, run for the student belonging to the Backward Classes and Most Backward Classes. Therefore, though the Backward Classes and Most Backward Classes Welfare Department is a different Department, those orders have a bearing on the claim of the petitioner herein. Furthermore, the third respondent has sent recommendation letters dated 12.01.2007 and 10.03.1997 to the second respondent, recommending the petitioner for promotion to the post of B.T. Assistant. As stated above, the third respondent also furnished the details in his letter dated 25.08.1999, to the second respondent, when details were sought for relating to promotion for petitioner from Cook to B.T. Assistant. 12. As stated above, the third respondent also furnished the details in his letter dated 25.08.1999, to the second respondent, when details were sought for relating to promotion for petitioner from Cook to B.T. Assistant. 12. However, as rightly contended by the learned counsel for the petitioner, nothing tangible was done by the second respondent. The petitioner has rendered 23 years of service as Cook as of now. He passed S.S.L.C., Plus Two, B.A., and B.Ed., while he is serving as cook. His efforts to secure higher qualifications are commendable. In fact, the third respondent also recommended to the second respondent for his promotion to the post of B.T. Assistant. 13. In these circumstances, the second respondent is hereby directed to consider the petitioner for the post of B.T. Assistant or Tutor-Cum-Warden in the next vacancy and to appoint him to the higher posts accordingly. 14. The writ petition is disposed of with the above directions. No costs.