R. RAMASWAMY versus GOVERNMENT OF TAMIL NADU AND ORS.

Citation: [1995] SUPP. 2 S.C.R. 654 · Decided: 11-08-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
R. RAMASWAMY 
v. 
GOVERNMENT OF TAMIL NADU AND ORS. 
AUGUST 11, 1995 
B 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
Service Law: 
Tamil Nadu State and Subordinate Services Rule~Rule 35(b r 
C 
Seni01ity of Transfe1red person~To be determined with reference to the rank 
in the category from which he was transferred. 
The appellant was appointed temporarily as a Project Officer in the 
Directorate of Tamil Culture Centre on May 21, 1979. Both the post of 
Project Officer in the erstwhile Directorate of Traditional Tamil Arts and 
D that of Assistant Director in the Tamil Development Directorate were 
equivalent in status with identical scale of pay. The service of the appellant 
as a Project Officer was regularised, and he became a permanent incum-
bent for the post of Project Officer in the erstwhile Department. 
E 
F 
When he was temporarily promoted as Assistant Director and he 
sought promotion as Deputy Director, the question arose whether the. 
appellant was senior to respondent Nos. 3 and 4, who were appointed as 
Assistant Directors on December 10, 1979 and April 25, 1981 respectively. 
He approached the Administrative Tribunal which held that since respon-
dent nos. 3 and 4 were substantively holding the post as Assistant Direc-
tors, the appellant was junior to them • 
. Allowin~ the appeal, this Court 
HELD : 1. In view of the order passed by the Government appointing 
the appellant substantively as Project Officer w.e.f. May 22, 1979 and 
G treating the said carrying equivalent to the post of Assistant Direct@r post 
as the same status and scales of pay, the necessary implication tblt he is 
holding the status and scale of pay of post of the Assistant Director in the 
present Directorate. Respondent Nos. 3 and 4 were appointed later than 
the appellant. Rule 35(b) of the Tamil Nadu State and Subordinate Ser-
H vices Rules clearly envisages that the seniority of the transferred persons 
654 
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t 
R.RAMASWAMYv. GOVT.OFT.N. 
655 
shall be determined with reference to the rank in the class or category from A 
which he was transferred, which in the case of the appellant was the post 
of Project Officer. The appellant was deemed to have been transferred with 
the same status and scale of pay as that of Assistant Director w.e.f. May 
21, 1979. Consequently, he became senior to respondent Nos. 3 and 4 in 
that category, i.e., Assistant Director. [657-B-E] 
2. Rule 8 of Ad-hoc Rules does not have any effect on the claim for 
inter se seniority of the appellant and respondent Nos. 3 and 4 which needs 
B 
to be determined by aid of Rule 35(b) of the General Rules. It only 
prohibits causing of adverse effect on persons named in the rule. The 
Government, therefore, should determine the inter se seniority, and con-
C 
sider the question of promotion to the next cadre, viz., Deputy Director, 
according to rules. [657-F] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No.7586 of 
1995. 
From the Judgment and .Order dated 4.2.94 of the Tamil Nadu 
Admn. Tribunal, Madras in 0.A. No. 632 of 1993. 
S. Sivasubramaniam, R. Nedumaran and V.G. Pragasam for the 
Appellants. 
K.K. Mani and Ms. A. Subhashini for the Respondents. 
The following Order of the Court was delivered : 
Leave granted, 
The appellant was appointed, though temporarily, as a Project Of-
ficer in the Directorate of Tamil Culture Centre on May 21, 1979. The 
Government stated in G.O.M.S. No. 296 dated September 6, 1989 that both 
D 
E 
F 
the post of Project Officer in the erstwhile Directorate of Traditional Tamil 
Arts and that of Assistant Director in the Tamil Development Directorate G 
are equivalent in status and carry an identical scale of pay. T he service of 
the appellant as a Project Officer was also regularised by G.O.M.S. No. 88 
dated May 21, 1990 wherein the Government has stated that "the service 
of Thiru R. Ramaswamy in the cadre of Project Officer in the erstwhile 
Department of Tamil Culture Centre be regularised w.e.f. 22.5.1979, name-
ly, the date of his appointment". Thereby he is a permanent incumbent for H 
656 
SUPREME COURT REPORTS [1995) SUPP. 2 S.C.R. 
A 
the post of Project Officer in the erstwhile Department: · 
B 
c 
When he was temporarily promoted as Assistant Director and sought 
promotion as Deputy Director, the question arose whether the appellant 
was senior to respondent Nos. 3 and 4, who were appointed as Assistant 
Directors on December 10, 1979 and April 25, 1981 respectively. When that 
status was not given, he approached
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