Supreme Court of India
M. JAYAKUMAR AND ORS. ETC.versusSTATE OF TAMIL NADU AND ORS.
- Citation
- 1996 INSC 974
- Decided
- 30 August 1996
- Disposal
- Appeal(s) allowed
Holding
Promotion of Assistants to Superintendents must be first considered from the Board of Revenue (Urban Land Tax) unit, and only in the absence of suitable candidates from that unit may candidates from other units be considered; the units are not a common unit for promotion purposes.
Summary
The case concerned the interpretation of Tamil Nadu Ministerial Service Rules and special rules under G.O.Ms. No. 3134 regarding promotion of Assistants to Superintendents in the Urban Land Tax Department. The respondents argued that all city‑based units (Board of Revenue, Assistant Commissioner’s office, etc.) formed a common unit for promotion, while the appellants contended that the rules required promotion first from the Board of Revenue unit and only thereafter from other units. The Tamil Nadu Administrative Tribunal had treated the units as common and ordered promotions for the respondents. The Supreme Court examined Rule 3 (hh) and Rule 11 of the Service Rules, noting the clear language that promotion should be from the Board of Revenue unit unless no suitable candidates exist, and that any integration of units must be effected by a valid rule‑making authority, which had not occurred. Consequently, the Court held that the Tribunal erred in treating the units as one, allowed the appeals, and dismissed the petition without costs.
Issues considered
- Whether the Board of Revenue (Urban Land Tax) unit and other city units constitute a common unit for the purpose of promotion of Assistants to Superintendents under Tamil Nadu Ministerial Service Rules.
Subjects
promotionservice rulesTamil NaduUrban Land TaxBoard of Revenuedepartmental unitadministrative lawinterpretation of statutes
Judgment
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.
F
Ambrish Kumar and V. Krishnamurthy for the Respondents.
The following Order of the Court was delivered :
Delay condoned.
G
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
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 ;
"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
c Column (2) of the Table below, if no suitable candidates are
available for promotion in the office of the Board of Revenue
(Land Reforms).
THE TABLE
D
POSTS METHOD OF APPOINT-
MENT
(i) Superintendents By recruitment by transfer from
among Deputy Tahsildars and
E Tahsildars in the Tamil Nadu
Revenue subordinate Service.
(ii) Assistants By transfer from among Assis-
tants in the District Revenue
Units.
F
(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-
G
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
H Board ofRevenue (Urban Land Tax) Commissioner ofthe Urban Land
M. JAYAKUMAR v. STATE 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 ofthe
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 B
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. c
(iv) Besides direct recruitment as provided in rule 2, appointment
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 departmental units,
it is stated that for the purposes of direct recruitment etc. to the service, a E
departmental unit shall mean (a) in the City of Madras, each office; and
(b) outside the City of Madras, each department in each District provided
that each office or group of offices specified in the table given therein, shall
be a departmental unit. Under item (ii) Board of Revenue shall be one
unit for all branches excluding settlement of Estates and Commercial
Taxes; under item (iii) it shall be departmental unit for Settlement of F
Estates Branch and under item (iii) it shall be for Commercial Taxes
Branch. It would thus be seen that the Board of Revenue shall have three
separate departmental units. The Government have further amended the
Rules by making Special Rules under G.O.Ms. No. 3134, Public (Services)
Department dated September 29, 1975 which came into force w.e.f. March G
1, 1970 adding below Rule 3 (hh) in the Rules.
·The said Special Rules Read as under :
"(ii) (1) Appointment to the posts of Superintendent (Selection
Grade) in the office of the Board of Revenue (Urban Land Tax) H
347
396 SUPREME COURT REPORTS [1996] SUPP. 5 S.C.R.
A Commissioner of Urban Land Tax, and in the offices of the
Assistant Commissioner of Urban Land Tax, shall be made by
promotion from among the Assistant in the Urban Land Tax ,.
Department and from among the Assistants in the District
Revenue Unit or other branches of the Board of Revenue.
B (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 offices of the Assistant Commissioner of Urban Land Tax, shall be
made by promotion from among the Junior Assistants, in the Urban Land
Tax departments and from aniong the Junior Assistants of the District
C Revenue Unit or other bran(,i1es of the Board of Revenue.
(iv) Besides direct recruitments provided in rule 2, appointment to
the posts of Junior Assistants and Typists in office of the Board of Revenue
(Urban Land Tax) - Commissioner of Urban Land Tax and in the office
D of the Assistant Commissioners or Urban Land Tax, shall be made by
transfer from among the Junior Assistants and Typists of the District Unit
or from other branches of the Board revenue, respectively".
2. In annexures I, under the heading "Section A - Selection
Categories', under the sub-heading 'Revenue Departments' after
E item 4, the following item shall be added, namely :
5. Office of the Board of Revenue (Urban Land Tax) - Com-
missioner of Urban Land Tax and the offices of the Assistant
Commissioner or Urban Land Tax.
F (i) Superintendent
(ii) Assistants.
3. In Annexures II, under the heading 'Revenue Department after
G item 4, the following item shall be added, namely :
"5. Office of the Board of Revenue (Urban Land Tax) - Com~
missioner of Urban Land Tax and the offices of the Assistant
Commissioner of Urban Land Tax.
H All members of the service : Commissioner of Urban Land Tax
M.JAYAKUMAR v. STATE 397
and the ex-office, Secretary, Board of Revenue (Urban Land Tax) A
Board of Revenue (ULT)
4. In Anne~re, III
(i) After o category "l Superintendent in the Directorate of Tamil
Development in Column (1) and the entries relating thereto in B
column (2) and (3) the following category and entries shall be
inserted, namely :
1. Superintendents in the By 1. Revenue
office of the Board of Transfer Test
Revenue (ULT) or 2. Survey c
Commissioner or Urban Promotion Training for a
Land Tax and office of period not
the Asstt. Commr. of less than four
Urban Land Tax. weeks.
3. ( contd ...3) D
POST TESTS
(ii) Assistants in the office of Revenue Tests Port I, II and
the Board of Revenue III.
(Urban land Tax)
Commissioners of Urban E
Tax and the Assistant
Commissioners of Urban
Land Tax.
6. SERVICE TO COURT FOR PROMOTION :
The Junior Assistants of District Revenue establishment working F
as Junior Assistant or working into higher post holding more
responsibilities in the Urban Land Tax Department shall be en-
titled to count their services in the Urban Land Tax Department
for the purpose of promotion as Assistants in the District Revenue
Unit from which they were drawn to the extent they would have G ,
otherwise acted as Junior Assistants in the said District Revenue
Unit.
EXPLANATION - For the purpose of these rule, "District Revenue
Unit" means, in respect of office located in Madras City the
Revenue unit of Madras District and in respect of office located H
398 SUi'REME COURT REPORTS (1996YSUPP. 5 S.C.R.
A in other places the Revenue Unit of the District in which the office
is located, but shall not include persons whose setvices were not
regularised in the respective posts."
The controversy having arisen is : whether for the purpose of promo-
tions from the category of Assistants to the category of Superintendents,
B the units in respect of the City of Madras, office of the Assistant Commis-
sioner (Urban Land Tax) and the office of the Board of Revenue (Urban
Land Tax) and of the Commissioner (Urban Land Tax) would be common
unit? In view of the above-quoted Rules, the answer obviously would be in
the negative. It is clear from the record that by G.O.Ms. No. 612 Revenue
c dated May 2, 1989 and abortive attempt was made to infuse all the
departments into a common unit for the purpose of promotion but the
same came to the cancelled by G.O.Ms. No. 642 Revenue dated April 18,
1990. Consequently, even the administrative decision taken had no
statutory base but became fugitive. When the respondents approached the
D Tribunal claiming promotions on the premise that there was common unit
all the departments in the City, the Tribunal by the impugned order has
directed· that the respondents be treated as part of the unit of the Board.
of Revenue and resultantly their cases be considered for promotion. Thus r
these appeals by special leave.
E Shri Bhim Rao Naik, learned senior counsel for the appellants,
contended that the approach adopted by the Tribunal in considering the
Board of Revenue and other branches. in the city as one unit for the
purpose of promotion of Assistants as Superintendents is violative of Rule
3 (hh) of the Rules. We find force in the contention. It is seen that Rule 3
F (hh) has in unambiguous language expressed unequivocally that "if suitable
candidates are not available for promotion in the office of the Board of
Revenue (Land Revenue)" then the question of considering the claims of
Assistants in other units as amended in G.O.Ms. No. 3134 dated September
29, 1975 would arise. It is sought to be contended by the respondents that
for over 20 years the respondents had no opportunity for promotion. The
G appellants are juniors in point of time of appointment and, therefore, they
cannot well steal inarch over the respondents. The Tribunal has considered
. in equity all the linits as one unit for the purpose of promotion and does
not call for interference under Article 136 of the Constitution. In similar
cases, on an earlier occasion, same view was expressed to which some of
H the appellants were parties. We find no force in the contention. We are
M.JAYAKUMARv.STATE 399
called upon to interpret the rule. We cannot avoid correct interpretation A
and supplant equity to sway over statutory rule when Assistants in Board
of Revenue are available for promotion to consider the cases of Assistants
in other units. Equity operates where law is silent It will be for the
Rule-making authority to decide the unit for the purpose of recruitment
or promotion. The Government did not agree to integrate all the three
units as one. In the face of the unambiguous statutory language employed
B
therein, it would be difficult to give acceptance to the contention of the
respondents. Even the amended rule has specifically provided that "in rule
3, after sub-rule (hh), the following sub-Rule shall be added", viz., as
extracted above. In the light of the language of rnle 3 (hh) and in view of
the amendment brought after rnle 3 (hh), the necessary conclusion would C
be that the Assistants, if available from the Board or Revenue unit, would
be considered first for promotion as Superintendent. In their absence,
Assistants available in the office of the Assistant Commission of Urban
Land Taxes etc. are to be considered for promotion.
The appeals are accordingly allowed. The petition filed in the D
Tribunal stands dismissed but, in the circumstances, without costs.
G.N. Appeals allowed.
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