K. Vellaichamy vs The Secretary to Government, Revenue Department and The Special Commissioner of Survey and Settlement

D. Hariparanthaman, J.—The Petitioner joined as a Field Surveyor cum Draftsman on 03.12.1982, on a consolidated pay in

Ramanathapuram District. He was absorbed in the regular time scale of pay on 01.09.1984, pursuant to G.O.Ms. No. 910, Commercial Taxes

and Religious Endowments Department, dated 10.08.1983.

However, the Petitioner was reverted to consolidated pay with effect from 01.04.1986 and the same was due to the revision of seniority,

pursuant to the order of this Court. Again, the Petitioner was granted time-scale of pay with effect from 01.01.1987 by G.O.Ms. No. 626,

Revenue Department, dated 16.04.1990. Now, the Petitioner retired from service as Sub-Inspector of Survey.

The Petitioner has filed this present writ petition to correct his regular service with effect from 01.09.1984 instead of 01.01.1987. He has sought

to quash G.O.Ms. No. 626, Revenue Department, dated 16.04.1990 passed by the first Respondent, insofar as the entries relating to the

Petitioner in the Annexure in Sl. No. 677 and for a direction to regularise the service as Field Surveyor with effect from 01.09.1984.

The Respondents have filed a counter-affidavit refuting the allegations.

Heard Mr. S. Visvalingam, learned Counsel appearing for the Petitioner and Mr. Pala. Ramasamy, learned Special Government Pleader

appearing for the Respondents.

The learned Counsel appearing for the Petitioner has heavily relied on paragraph No. 8 of G.O.Ms. No. 626, Revenue Department, dated

16.04.1990 and submits that the date of regularisation of the Petitioner should relate back to 01.09.1984 and not from 01.01.1987.

On the other hand, the learned Special Government Pleader submits that the interpretation placed on paragraph No. 8 of G.O.Ms. No. 626,

Revenue Department, dated 16.04.1990 is not correct.

I have considered the submissions made on either side.

The Petitioner was initially appointed on a consolidated pay, on 03.12.1982. He was brought to time scale of pay as Field Surveyor by

G.O.Ms. No. 910, Commercial Taxes and Religious Endowments Department, dated 10.08.1983 with effect from 01.09.1984. Later, he was

reverted with effect from 01.04.1986, to consolidated pay. The reversion was due to the revision of seniority, pursuant to the order made by this

Court. In this connection, paragraph No. 3 of the counter-affidavit is extracted hereunder:

Regarding the averments made in paragraph 6 of the affidavit, it is submitted that, the Government in G.O.Ms. No. 626, Revenue Department,

dated 16.04.1990 and G.O.Ms. No. 851, Revenue Department, dated 23.05.1990 issued orders for regularisation of services of the persons

appointed from consolidated pay posts into time-scale of pay posts of Surveyor and Draftsman. It is further submitted that the Petitioner was one

among the persons to be reverted with effect from 01.04.1986 to the consolidated Surveyor/Draftsman post, based on the revision of seniority on

the revision of seniority of consolidated pay Surveyor/Draftsman, pursuant to a judgment passed by the Honourable High Court, Madras. Hence,

the contention of the Petitioner that he was reverted to consolidated pay post of Surveyor/Draftsman with effect from 01.04.1986 based on the

instructions from the Director of Survey and Settlement, Chennai is not correct for the reason stated above. It is submitted that, as mentioned

above the seniority of persons who were appointed on time-scale of pay post of Surveyor and Draftsman belonging to the composite

Ramanathapuram District came to be revised, pursuant to a judgment passed by the Honourable High Court, Madras in W.P. No. 12044 of

1985. Based on the revised seniority list, the Petitioner was one among the persons to be reverted to the consolidated Surveyor/Draftsman post

with effect from 01.04.1986. Subsequently, based on the orders in G.O.Ms. No. 626, Revenue Department, dated 16.04.1990 the services of the

Petitioner was regularised in the cadre of Field Surveyor with effect from 01.01.1987 and his serial number was assigned as677.

Hence, the claim of the Petitioner has No. basis and the writ petition deserves to be dismissed.

However, the learned Counsel for the Petitioner seeks to argue that as per paragraph No. 8 of G.O.Ms. No. 626, Revenue Department,

dated 16.04.1990, he is entitled to regularisation with effect from 01.09.1984 and not from 01.01.1987.

Paragraph No. 8 in page No. 14 of G.O.Ms. No. 626, Revenue Department, dated 16.04.1990 is extracted hereunder:

The Government direct that 1055 (One thousand and fifty five) the services of the individuals mentioned in the annexure to this order be

regularized in the categories of Field Surveyor or Draftsman as the case may be according to their absorption in the time scale post ordered initially

with reference to G.O.Ms. No. 910, Commercial Taxes and Religious Endowments, dated 10.08.1983 by the Assistant Director of Land Records

with effect from the date of appointment specified against their names without monetary benefits of arrears.

According to the learned Counsel for the Petitioner, the words ""in the time scale of post ordered initially"" would grant him regularisation with

effect from 01.09.1984.

In my view, the words relied on by the Petitioner alone cannot be taken into account from out of context, the entire para should be read.

In paragraph No. 8, it is stated that the absorption in the time scale was ordered initially with reference to G.O.Ms. No. 910, Commercial

Taxes and Religious Endowments Department, dated 10.08.1983, and the absorption is relating to the category of Field Surveyor or Draftsman.

Hence, I am not in agreement with the submissions made by the learned Counsel for the Petitioner. Accordingly, the writ petition is dismissed.

Consequently, connected miscellaneous petition is also closed. No. costs.