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Showing contexts for: statistical assistant in The Director Of Family Welfare vs S.Poornachandran on 18 January, 2019Matching Fragments
(Judgment of the Court was made by S.MANIKUMAR, J) Instant writ appeal has been filed against the order, made in W.P.No.29074 of 2012, dated 22.08.2017.
2. Short facts leading to the appeal are that the respondent was appointed as Block Health Statistician and gradually, promoted as Statistical Assistant, on condition that he should pass the departmental test, within a period of two years and in case, he failed to pass the said test within the period prescribed, he would be reverted to the feeder category. In this connection, Government have issued G.O.(Ms)No.1120, Personnel and Administrative Reforms Department dated 30.10.1984, wherein, it has been clarified that the employees who could not pass the departmental test for promotion, should not be below 53 years of age and should have at least attended the test for 5 times and such attempts should have been registered in the service register of the employee.
4. A sum of Rs.70,423/- was sought to be recovered in 21 monthly installments, being the payments, made to the respondent, when he was working as a Statistical Assistant. The said recovery order was challenged in W.P.No.27157 of 2012. This Court, while admitting W.P.No.27157 of 2012, has granted an order of interim stay of recovery. In the meanwhile, the first appellant has issued another order, dated 11.10.2012, reverting the respondent to the post of Block Health Statistician and transferred him to Pudukkottai District, on the ground that the respondent had not completed 53 years of age. This reversion order was challenged in W.P.No.29074 of 2012. http://www.judis.nic.in 5. Both the writ petitions were taken up together and after considering the facts and circumstances of the cases, vide common order, dated 22.08.2017 in W.P.Nos.27157 and 29074 of 2012, the Writ Court, ordered as hereunder:-
11. With the above direction, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed."
6. Being aggrieved, the department has filed the instant writ appeal, only against the order made in W.P.No.29074 of 2012, dated 22.08.2017, on the following grounds:-
"1. Writ Court has failed to consider that Thiru.S. Poornachandran, Block Health Statistician was joined in the District Family Welfare Bureau, Pudukottai on 17.10.2007 FN on promotion as Statistical Assistant with a condition that the promoted Statistical Assistants should pass the account test for Executive Officers and Tamil Nadu Medical Code if not already passed within the period of two years from the date of joining failing which their 2nd and subsequent increment shall be stopped without cumulative effect till they pass the said test, if they do not pass the above test within 3 years from the date of joining as Statistical Assistant and Statistical Investigator they shall be reverted back to the feeder category. (This condition was laid down in promotion order of the petitioner based on http://www.judis.nic.in Tamil Nadu State and Subordinate Rules, General Rule 28). As per the Government Order 1120/Personnel and Administrative Reforms (Service-M) Department dated: 30.10.1994 the Government servant who have completed 53 years of age and 5 attempts of Department exam with proper service entry and submission of Hall Tickets is exempted from passing the department test. But the petitioner had not passed the Executive Officers test even after completion of 5 years in the promotional post of viz. Statistical Assistant and not completed 53 years of age.
3. Writ Court has failed to note that the http://www.judis.nic.in condition of passing the account test for Executive Officers within 3 years from the date of joining in the post of Statistical Assistant had been incorporated in the promotion order’s informed to him, vide ref No.7709/FW/A2/2006, dated 09.10.2007 as per the Rule 28 of Tamil Nadu State and Subordinate Services Rules.