M. JAYAKUMAR AND ORS. ETC. versus STATE OF TAMIL NADU AND ORS.

Citation: [1996] SUPP. 5 S.C.R. 393 · Decided: 30-08-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Appeal(s) allowed

Judgment (excerpt)

M. JAYAKUMAR AND ORS. ETC. 
A 
. v. 
STATE OF TAMIL NADU AND ORS. 
AUGUST 30, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
B 
Service Law : 
Tamil Nadu Ministe1ial Service Rules/Special Rules under G.O.Ms. 
No. 3134, Public (Services) Depaitment dated September 29, 1975: 
C 
Rules 3, I I-Promotion-Assistant to Superintendent-Board of 
Revenue and other Branches in the City-Whether to be common 
unit-Tribunal directing that the respondent Assistants be treated as pan of 
the unit of the Board of Revenue and to consider their cases for promo-
tion--{)11 appeal held, Assistants, if available from the Board of Revenue unit, D 
would be considered for promotion as Superintendent-In their absence, 
Assistants available in the units, viz. in the office of the Assistant Commis-
sioner of Urban Land Taxes Etc. are to be considered for promotion. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 12033 of 
1996 Etc. 
E 
From the Judgment and Order dated 13.7.93 of the Tamil Nadu 
Administrative Tribunal, Madras in T.A. No. 131 of 1990. 
B.N. Naik and V. Balachp.ndran for the Appellants. 
Ambrish Kumar and V. Krishnamurthy for the Respondents. 
The following Order of the Court was delivered : 
Delay condoned. 
Leave granted. 
These appeals by special leave arise from the order of the Tamil 
Nadu Administrative Tribunal, Madras Bench made on July 13, 1993 made 
F 
G 
in T.A. No. 131of1990. The admitted position is that Tamil Nadu Urban 
Land Tax Act (for short, the "Act") was amended so as to extent the H 
393 
394 
SUPREME COURT REPORTS (1996] SUPP. 5 S.C.R. · 
A 
provlSlons thereof to Madurai, Coimbatore, Trichy and Salem. It was 
further amended, inter alia, so as to extend the provisions of the Act to the 
belt areas of Madras City. As regards the appointments to the post of 
ministerial staff therein, they are governed by the Tamil Nadu Ministerial 
Service Rules (for short, the "Rules"). Rule 3 of the Rules provides the 
B method of appointments and promotions. Rule 3 (hh) (ii) reads as under ; 
c 
D 
E 
F 
G 
H 
"3. Method ofRecruitment : 
(hh) Besides promotion as provided in rule 4, appointment to 
the posts of Superintendents and Assistants in the office of the 
Board of Revenue (Land Reforms) may by made as specified in 
Column (2) of the Table below, if no suitable candidates are 
available for promotion in the office of the Board of Revenue 
(Land Reforms). 
POSTS 
(i) Superintendents 
(ii) Assistants 
THE TABLE 
METHOD OF APPOINT-
MENT 
By recruitment by transfer from 
among Deputy Tahsildars and 
Tahsildars in the Tamil Nadu 
Revenue subordinate Service. 
By transfer from among Assis-
tants in the District Revenue 
Units. 
(i) Appointment to the posts of Superintendents (Selection Grade) 
in the office of the Board of Revenue (Urban Land Tax) - Com-
missioner of Urban Land Tax and in the Offices of the Assistant 
Commissioners of Urban Land Tax, shall be made by promotion 
from among the Superintendents in the Urban Land Tax Depart-
ment and in other Branches of the Board of Reventl8--0I by 
recruitment by transfer from the category of Deputy Tahsildars in 
the Tamil Nadu Revenue Subordinate Service. 
(ii) Appointment to the posts of Superintendents in the Office of the 
Board of Revenue (Urban Land Tax) Commissioner of the Urban Land 
M. JAY AKUMAR v. STA TE 
395 
Tax and in the offices of the Assistant Commissioners of Urban Land A 
Tax, shall be made by promotion from among the Assistants in the 
Urban Land Tax Department and from among the Assistants of the 
District Revenue Unit or other Branches of the Board of Revenue. 
(iii) Appointment to the posts of Assistants in the Office of the 
Board of Revenue (Urban Land Tax) - Commissioner of Urban 
Land Tax and in the office of the Assistant Commissioners of 
Urban Land Tax, shall be made by promotion from among the 
Junior Assistants in the Urban Land Tax Department and from 
among the Junior Assistants of the District Revenue Unit or other 
Branches of the Board of Revenue. 
(iv) Besides direct recruitment as provided in rule 2, appointment 
B 
c 
to the posts of Junior assistants and typists in the office of the 
Board of Revenue (Urban Land Tax) - Commissioners of Urban 
Land Tax, and in the office of the Assistant Commissioners of 
Urban Land Tax, shall be made by transfer from among the junior D 
Assistants and typists of the District Revenue Unit or from other 
Branches of the Board of Revenue, respectively". 
Under Rule 11 dealing with recruitment to the d

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