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4. While so, by proceedings in RC.No.Al/519/2008, dated 30.06.2010, the petitioner was reverted from the post of Head Clerk to the post of Process Server. There was reduction in 3 stages, with immediate effect, ie., Head Clerk to Assistant, Assistant to Junior Assistant and Junior Assistant to Process Server. In the order of reduction, the respondent has relied on a Government Order in G.O.Ms.No.43 P & A Reforms (Per B) Department, dated 15.02.1994, which stipulated that an Office Assistant should have completed 7 years of minimum service in the lower category for promotion as Junior Assistant. The above G.O., further stated that it would be applicable to those, who were recruited by transfer from other services. According to the petitioner, he has been put in more than 16 years of service, in the posts of Office Assistant, Process Server, Junior Assistant, Assistant and as Head Clerk.

13. Learned Government Advocate further submitted that Adhoc Rules were framed for temporary posts in the State Consumer Disputes Redressal Commission and in the District Consumer Disputes Redressal Fora, vide G.O.Ms.No.285, Co-operation, Food & Consumer Protection (H2) Department, dated 6.8.2001, with retrospective effect from 09.10.1990. Adhoc Rules for the post of Process Servers were framed vide G.O.Ms.No.174, Co-operation, Food and Consumer Protection (H1) Department, dated 31.08.2005. Before framing of the Adhoc Rules, several promotions were given to the post of Junior Assistants from the lower categories, such as, Office Assistants, Process Servers etc., without following any specific rules. Therefore, the temporary promotions were not regulated.

15. Learned Government Advocate further submitted that the Tamil Nadu Judicial Ministerial Service Rules would apply to Junior Assistants, subject to the modification in the Notification-VII of Rule-3 of Adhoc Rules. She further submitted that the Notification-VII of Rule 3 of Adhoc Rules is entirely different from Tamil Nadu Judicial Ministerial Service Rules in respect of Junior Assistants.

16. Learned Government Advocate further submitted that though the posts of Process Server, Copyist, Examiner, Amin were sanctioned before framing of the Adhoc Rules, no such promotional option as contained in Tamil nadu Judicial Ministerial Service Rules were incorporated in the Adhoc Rules of the Commission/Fora. In such circumstances, the post of Junior Assistants were to be filled up, as per Rule 3(iii) of Notification-VII of Adhoc Rules, i.e., by recruitment by transfer from any other service, following the Rule 3(g) of Tamil Nadu Ministerial Service Rules. No ratio was followed in lower category posts, such as, Office Assistants, Process Servers, Copyists, Examiners, Amins, while giving promotion to the post of Junior Assistants.

22. Perusal of the order, dated 11.08.1999, of the Registrar, State Consumer Disputes Redressal Commission, shows that in the vacant post of Process Server at the District Consumer Disputes Redressal Forum, Chennai (South), the petitioner has been temporarily promoted as Process Server. Subsequently, when one S.Viswaranthan, Junior Assistant, State Consumer Disputes Redressal Commission, Chennai, was promoted as Assistant, consequently, a post of Junior Assistant has fallan vacant. Thiru.D.Venkatesan, Examiner, District Consumer Disputes Redressal Forum, Chennai (South), has been temporarily converted as Junior Assistant, transferred and posted as Junior Assistant in the abovesaid vacancy. The petitioner, Process Server, District Consumer Disputes Redressal Form, Chennai (South), has also been temporarily promoted and appointed as Junior Assistant and transferred and posted at District Consumer Disputes Redressal Forum, Chengalpattu in the existing vacancy. The above promotion and transfer has been made by the Registrar, State Consumer Disputes Redressal Commission, vide order, dated 29.12.2000.