TMI Blog2009 (4) TMI 911X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Junior Assistants in the Revenue Department in the State of Tamil Nadu. They were appointed as Junior Assistants after having passed the competitive examination conducted by the Tamil Nadu Public Service Commission (hereinafter referred to as `the Commission'). Though the minimum educational qualification for Junior Assistant was S.S.L.C., it is alleged that even at the time of their selection to the post of Junior Assistants, most of the appellants were graduates or post graduates, and many completed their graduation subsequently while in service. 6. For appointment to the post of Assistant there can be promotions from amongst the Junior Assistants, and there can also be direct recruitment through the competitive examination held by the Commission. The minimum qualification for directly recruited Assistant is graduation. 7. The promotion for Assistants is to the post of Deputy Tehsildar, which is governed by the Tamil Nadu Revenue Subordinate Service Rules. On being promoted as Deputy Tehsildars an Assistant is transferred from the Ministerial Service to the Revenue Subordinate Service. 8. The promotee Assistants, i.e. Assistants who were promoted from the post o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dras City above his seniors appointed other than by direct recruitment or for re-fixation of his seniority over such seniors, if his name has already been included in the list of Deputy Tehsildars. The consideration of his claim shall be against the first vacancy that follows the carried over vacancies. A similar proviso has also been added in respect of an Assistant appointed by Direct Recruitment in the District Revenue Unit. 11. It was submitted by Mrs. Nalini Chidambaram, learned counsel for the appellant, that the impugned amendment adversely affected the vested right of the promotee Assistants for promotion as Deputy Tehsildars. Some illustrations given by learned counsel are as follows: - In Coimbatore District, the following Assistants belonging to the list of promotee Assistants for year 1991 are still working as Assistants for no fault of theirs. 1) R. Saraswathy (2) V. Parvatham (3) C. Manoharan (4) R. Subramaniam (5) T. Sivajothi (6) V. Prema Sundari (7) S. Subramanian (8) V. Narasimhan (9) D. Dhanapal (10) K. Thangavelu (11) S. Rathina (12) S. Rathinaswami (13) D. Lie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istants was justified because the erstwhile Probationary Revenue Inspectors who have now been replaced by directly recruited Assistants (Upper Division Clerks) enjoyed such preferential treatment. This contention has been disputed by the learned counsel for the appellant, who submitted that it is not correct to state that Probationary Revenue Inspectors enjoyed preferential treatment since the relevant Rule 8A which dealt with the Probationary Revenue Inspectors in the erstwhile Annexure VIII to the Tamil Nadu Ministerial Services only stated that the seniority of the persons recruited as Probationary Revenue Inspectors in any year shall be fixed first in the list of Assistants appointed in the Revenue Department during the year. Hence she contended that the Probationary Revenue Inspectors were given seniority over other Assistants of the same year alone i.e. in the list of Assistants alone and not in the list of Deputy Tehsildars. 15. In our opinion, it is not necessary to decide this controversy because it will make no difference for deciding this case. 16. By the amendment dated 7.2.1995, the direct recruit Assistants who complete 5 years service and fulfill some other cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court has upheld the validity of impugned rule. 22. In our opinion, by the very same logic given by the respondent and the High Court, a promotee Assistant who is also a graduate has to be placed at par with the direct recruits because he has also got a degree. In our opinion, we have to hence read down the impugned amendment and interpret it as inapplicable to those promotee Assistants who are also graduates/post graduates. In other words, the impugned amendment will only enable the direct recruits to be placed above those promotee Assistants who are non graduates for the purpose of promotion as Deputy Tehsildar. 23. It is true that in State of Jammu Kashmir vs. Triloki Nath Khosa Ors. AIR 1974 SC 1 a Constitution Bench of this Court observed that though the persons appointed directly and by promotion were integrated into a common class of Assistant Engineers, they could, for the purpose of promotion to the cadre of Executive Engineers, be classified on the basis of educational qualifications. However, in Mohammad Shujat Ali others vs. Union of India others, AIR 1974 SC 1631, another Constitution Bench of this Court qualified the rule laid down in Triloki Nath Kh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cruited Assistants and promoted Assistants have been integrated into one cadre of Assistants. No doubt, even after this integration for further classification for promotion higher educational qualifications can possibly be a rational basis, but in our opinion there can certainly be no further classification between direct recruits and those promotee Assistants who have acquired the graduation qualification whether before joining as Junior Assistant or thereafter. Once a promotee becomes a graduate we cannot see any rational basis for discrimination against him vis-`-vis direct recruits. 26. As regards the non graduate promotee Assistants, we are of the opinion that ordinarily it is for the State Government to decide whether their qualification has a reasonable relation to the nature of duties and responsibilities that go with and are attendant on the promotional post of Deputy Tehsildar. It is true that as observed in Roop Chand Adlakha's case (supra) there may, conceivably, be cases where the differences in the educational qualifications may not be sufficient to give any preferential treatment to one class of candidates as against another, and whether the classification is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutional validity of the Act, the Federal Court held the Act intra vires by construing the word `Property' as meaning `property other than agricultural land'. This restricted interpretation of the word `Property' had to be given otherwise the Act would have become unconstitutional. Similarly, in Kedernath vs. State of Bihar AIR 1962 SC 955, this Court had to construe Section 124-A of the Indian Penal Code which relates to the offence of sedition which makes a person punishable who `by words, either spoken or written or by sign or visible representations, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law'. This Court gave a restricted interpretation to the aforesaid words so that they apply only to acts involving intention or tendency to create disorder or disturbance of law and order or incitement to violence. This was done to avoid the provisions becoming violative of Articles 19(1)(a) of the Constitution which provides for freedom of speech and expression. 30. Several other decisions on the point have been given in Justice G.P. Singh's Principles of Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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