Research › Search › Judgment

Madras High Court · body

2012 DIGILAW 820 (MAD)

S. Kutty v. Secretary To Govt. Revenue Dept. Chennai

2012-02-15

VINOD K.SHARMA

body2012
Judgment :- 1 The petitioner prays for issuance of a writ in the nature of Certiorari, to quash the impugned order dated 25.05.2001 vide which the petitioner was reverted to the post of Land Surveyor in the pay scale of Rs.3200-85 – 4900 from the post of Senior Draughtsman. 2 The admitted facts are, that the petitioner was appointed as Surveyor/Draughtsman on compassionate ground at a basic pay of Rs.610/-. The service of the petitioner was subsequently regularised on 17.04.1996 vide G.O.Ms.No.358 of the Revenue department. The petitioner was promoted as senior Draughtsman in the year 1998. 3 Thereafter, without issuing any notice to the petitioner to show cause against the proposed reversion, the impugned order was passed reverting the petitioner to the post of Land Surveyor. 4 The impugned order reads as under: "ORDER: As per rule 2 of the Tamil Nadu Land Survey Sub-ordinate Service Rules, vide the proceedings of the Assistant Director, Department of Land – Survey Records, Thiruchirapalli District in proceeding Na.Ka.No. A1/5835/88 dated 24.01.89 Selvi.S.Kutti daughter of (Late) Samuel Vedhanayagam was temporarily appointed as Surveyor/ Draughtsman on compassionate grounds at a basic pay of Rs.610 in the scale of pay of Rs.610-20-730-25-955-50-1075. She took charge in the afternoon of 27.01.89 vide G.O.Ms.No.358 Revenue Department dated 17.04.96. In this office letter 3rd cited the Additional Director of Land Survey Records, Chennai was requested to regularize the services of Selvi S.Kutti in the post of draughtsman. In the order cited in reference (2) it was declared that the action of the Assistant Director of Department of Land Survey Records, Tiruchirapalli, including the name of the individual, who was already regularized by the Government in the post of Land Surveyor, in the cateogory of Draughtsman and granting promtion to her in the post of Land Records Draughtsman as illegal. It was further ordered in the reference (2) that it was not possible to transfer her from the category of Land Surveyor to the category of Draughtsman as per Rule 2 category 6 of Tamil nadu Land Survey Records Subordinate Service rules and therefore the seniority of the individual in the category of draughtsman and the promotion granted to her as land records draughtsman was also cancelled vide the order cited in reference (2). It was further ordered in reference (2) to include her name in the seniority list of land surveyors. It was further ordered in reference (2) to include her name in the seniority list of land surveyors. Accordingly, the proceedings of the Assistant Director, Land Survey Records Department, Tiruchirapalli in proceeding Na.Ka.A3/ 10747/98 (2), dated 10.02.98 wherein the name of Thirumathi S.Kutti presently working as Senior Draughtsman was included in the draughtsman seniority list and the proceedings of the Assistant Director, land survey records department, Tiruchirapalli in proceeding Na.Ka.E(2)/7901/93 dated 03.09.93 wherein she was temporarily promoted as Land record draughtsman and the proceedings of the Assistant Director, Land Survey Records Department, Trichy in proceeding Na.Ka.A2/15334/98 dated 20.11.1998 wherein she was temporarily promoted as senior draughtsman, are hereby cancelled through this order. As per the G.O. Cited in reference (1) and as per the orders of the Additional Director, Land Survey Records Department, Chennai cited in reference (2), separate orders will be issued to place the name of Thirumathi S.Kutti in the appropriate place in the Tiruchirapalli district Land Surveyor seniority list. Since the services of Selvi S.Kutti is regularized on 27.01.1989 as per G.O.Ms.No.358 dated 17.04.1996, she is hereby appointed as Land Surveyor in the pay scale of 3200-85-4900. This order comes into effect immediately. Since she is appointed as Land Survey, she is hereby transferred from the office of the Assistant Director, Land Survey Records Department, Tiruchirapalli to the post of Land Surveyor in the office of the Inspector, Tiruchirapalli Town Survey, Division 2. Separate orders will be issued in respect of inclusion of her name in the Land Surveyor list and in respect of pay fixation." 5 The reading of the impugned order shows that the petitioner was not given an opportunity of hearing, before passing the impugned order. The impugned order having been passed in violation of principle of natural justice, cannot be sustained, specially in view of the fact that the petitioner was appointed as Surveyor/Draughtsman on compassionate ground and not as Surveyor. 6 The records further shows, that she was shown in the cadre of Draughtsman and for this reason, she was promoted temporarily to the post of Senior draughtsman. The impugned order, is not only that of reversion, but also change of cadre, from Draughtsman to Surveyor. 7 It is well settled law that no order affecting the civil right of the party can be passed without following principle of natural justice. The impugned order, is not only that of reversion, but also change of cadre, from Draughtsman to Surveyor. 7 It is well settled law that no order affecting the civil right of the party can be passed without following principle of natural justice. Once it is proved that the order of reversion is passed without issuing show cause notice, it would amount to arbitrary exercise of power, which cannot be sustained in law. 8 Consequently, this writ petition is allowed. The impugned order is set aside. No costs.