the Writ Petitions filed by 8 Tahsildars and 5 Deputy Tahsildars came up for admission before His Lordship Justice. D. Krishnakumar, 1 HIGH COURT PROTECTED TAHSILDAR AND DEPUTY TAHSILDARS FROM REVERSION WMP.Nos. 5020 of 2022 and 5032 of 2022 in W.P.Nos. 4886 & 4893 of 2022 D.KRISHNAKUMAR ,J. ##,Senior Counsel Mr. Isaac Mohanal appeared for the Writ petitioners.
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HIGH COURT PROTECTED TAHSILDAR AND DEPUTY
TAHSILDARS FROM REVERSION
On 03.03.2022, the Writ Petitions filed by 8 Tahsildars and 5 Deputy Tahsildars came up for admission before His Lordship Justice. D. Krishnakumar, challenging the Circular issued by the Commissioner of Revenue Administration dated 16.08.2021 directing the District Collector, Madurai, to draw panel for promotion from the post of Assistant to the post of Deputy Tahsildars from the year 2004. Senior Counsel Mr.
Isaac Mohanal appeared for the Writ petitioners.
The Circular directs drawl of panel by keeping the nongraduate promotee Assistants below the graduate directly recruited and promotee Assistants by overlooking their respective seniority. The Hon’ble Supreme Court had occasion to consider the said issue and by Order dated 12.03.2019 in Civil Appeal Nos. 251- 256 of 2015 had directed the aggrieved parties to approach the State Government for bringing suitable amendment to the TN Revenue Subordinate Service Rules. The requests made by the Association of Non-graduate Assistants and the writ petitioners to the State Government for amending the Rule is pending before the State Government. During the pendency of the said request, the Commissioner of Revenue Administration had issued the impugned circular for drawl of panel for promotion to the post of Deputy Tahsildar from the post of Assistant from the year 2004. If the panel drawn with retrospective effect, the writ petitioner Tahsildars has to fact double reversion and go to the post of Assistant and the Deputy Tahsildars will face reversion for the post of Assistant. Considering the same, the Hon’ble High Court issued a direction to the respondents not to disturb the petitioners from the present position and ordered Notice to the respondents.
WMP.Nos. 5020 of 2022 and 5032 of 2022 in
W.P.Nos. 4886 & 4893 of 2022
D.KRISHNAKUMAR ,J.
The learned senior counsel appearing for the petitioner has submitted that the Hon’ble Supreme Court by order dated 12.03.2019 has observed that insofar promotee non graduate assistants are concerned, it is open for them to pursue with the Government for appropriate amendment to the Rules in which event we keep it open to Government to consider such request on its merits.
Pursuant to the said order of the Hon’ble Supreme Court, the Association for Promotee Assistants submitted a representation dated
20.07.2019 to the respondents for bringing appropriate amendments to the
Revenue Subordinate Service Rules. Based on the said representation, the 2nd respondent passed the impugned order in Lr.No. Ser 3 (3)/42324/2013, dated 16.08.2021 directing all the District Collectors to re-draw the Deputy Tahsildar Panel from 08.04.2009 to till date by placing non
-graduate promotees, after the directly recruited assistants and Graduate
Promotees and to fill up the vacancies with the non-graduate promote
Assistants only in the event of non-availability of qualified direct
https://www.mhc.tn.gov.in/judisrecruited and promotee assistants with graduate qualifications.
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D.KRISHNAKUMAR ,J.
ak According to the learned counsel for the petitioners, without considering the representation made by the petitioners and without amending the Rules, the respondent has placed the petitioners below the directly recruited assistants and graduate promotees, which resulted in reversal to their lower post in two stages/cadres.
In view of the above, there shall be an interim direction to the respondents as prayed for by the petitioners in WMP.Nos. 5020 of 2022 and 5032 of 2022.
Insofar as stay petitions in WMP.No.5016 of 2022 & 5031 of 2022 are concerned, registry is directed to issue notice to the respondents returnable in twelve (12) weeks.
Post the matter after twelve weeks.
03.03.2022
ak
WMP.Nos. 5020 of 2022 and 5032 of 2022 in W.P.Nos. 4886 & 4893 of 2022
https://www.mhc.tn.gov.in/judis
