Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamil Nadu Revenue Subordinate Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Tamil Nadu Revenue Subordinate Service Rules - Promotion - Post of Deputy Tehsildars - Preferential treatment to directly recruited Assistants over the promotee Assistants under the Rule - Direct recruits to be placed above senior promotee Assistants on completion of five years of service - Validity of - Held: Both directly recruited Assistants and promotee Assistants are integrated into one cadre of Assistants - Many promotee Assistants were graduates or post graduates - They have received same kind of training in the cadre of Assistant for a longer duration - Hence, impugned rule is to be read down - Validity of the Rules to the extent that it gives preference to directly recruited Assistants over promoted Assistants who are non-graduates is upheld - However, it is not applicable to promotees who are graduates - Constitution of India, 1950 -Articles 14 and 16 - Interpretation of Statutes. The question which arose for consideration in this appeal was with regard to the validity of the amended Tamil Nadu Revenue Subordinate Service Rules by which directly recruited Assistants were given preferential treatment by placing them above the senior promotee Assistants and making them eligible for promotion as Deputy Tehsildars on completion of five years of service as Assistants. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2009 INSC 464 |
Petitioner | M. Rathinaswami & Ors. |
Respondent | State Of Tamil Nadu & Ors. Etc. |
SCR | [2009] 5 S.C.R. 629 |
Judgement Date | 2009-04-08 |
Case Number | 2251 |
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