V. N. K. Natesan v. Secretary to Government Rural Development Department
2012-06-11
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment 1. The petitioner after passing pre-university, got his name registered with the employment exchange. Subsequently, petitioner passed B.A. The petitioner was called for interview to the post of Junior Assistant, in the Trichy Collectorate. The petitioner was selected and appointed as Junior Assistant in Taluk Office, Mannapparai, where he served from 16.10.1974 to 07.01.1975. 2. The petitioner, thereafter, served as Special Revenue Inspector at the check post from 18.02.1975 to 08.09.1975 and again from 11.09.1975 to 16.10.1976. The petitioner was absorbed against a permanent post at Perambalur Sugar Mills, an undertaking of the Government of Tamil Nadu, as Junior Assistant on 23.12.1976 and served there till 31.08.1980. 3. It is not in dispute that the petitioner was temporarily promoted. In pursuance to the advertisement issued by the Tamil Nadu Public Service Commission, the petitioner appeared for special qualifying examination for appointment in the Tamil Nadu Ministerial Service. The petitioner was successful and was appointed in the Rural Development Department on 21.06.1980 at Trichy District as Junior Assistant. Pursuant to his selection, he joined as Junior Assistant in Panchayat Union Office, Alathur, on 01.09.1980. 4. The case of the petitioner is that there was no break in service of the petitioner, therefore, he is entitled to benefit of service on temporary basis for the purpose of seniority and further promotion. 5. Learned senior counsel, appearing for the petitioner vehemently contended that as the selection of the petitioner to the temporary post was by regular method and there was no break in service, the petitioner is entitled to the benefit of temporary service for the purpose of seniority and promotion. The action of the respondent in denying the benefit of temporary service therefore is arbitrary and highly illegal. It is also the contention of the learned senior counsel, that the non-grant of benefit of temporary service has not only affected the promotion of the petitioner, but the period may not also be considered for pension also. 6. On consideration, this Court finds, no force in this Writ Petition. The petitioner was admittedly appointed as Junior Assistant in the Rural Development Department in pursuant to fresh selection in a different department and in a different cadre. The petitioner therefore cannot claim the benefit of temporary service rendered outside the cadre for the purpose of seniority and promotion. 7.
On consideration, this Court finds, no force in this Writ Petition. The petitioner was admittedly appointed as Junior Assistant in the Rural Development Department in pursuant to fresh selection in a different department and in a different cadre. The petitioner therefore cannot claim the benefit of temporary service rendered outside the cadre for the purpose of seniority and promotion. 7. As regards the grievance of the petitioner, that his temporary service may not be counted for the purpose of pension is concerned, this grievance does not survive in view of the stand taken in the counter, by the State, pointing out specifically that the temporary service rendered by the petitioner will be considered for purpose of pension under the rules. 8. For the aforesaid reasons, herein above, this Writ Petition, being devoid of merits, is ordered to be dismissed. No costs.