Puducherry Gazette, No. 8, 20 February 2024

Registered with the Registrar of Newspapers for India under No. 10410 Amﬂºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry

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No. 8 Poudouchéry Mardi 20 Février 2024 (1 Phalguna 1945)

No. Puducherry Tuesday 20th February 2024

ÿ✓VÚ·¶¬ÔD SOMMAIRES CONTENTS

Page ✓¬ÔD Page

ÿ>Va_ ¿]\[≈› yÏ©AÔ^ .. 158 Sentence arbitral du Travail .. 158 Award of the Labour Court .. 158

de Tribunal

∂´∑ gÁðÔ^/ .. 163 l' Orders/Notifications du .. 163 Government Orders/ .. 163 ∂§s¬ÁÔÔ^ Gouvernement Notifications

.. 173 Announcements .. 173 ƒVu≈§¬ÁÔÔ^ .. 173 Annonces

[157]20 February 2024] LA GAZETTE DE L'ETAT 163

List of petitioner's witness:

PW.1 — 24-05-2023 Thiru Mohan Kumar List of petitioner's exhibits:

Ex.P1 — Photocopy of the Identity Card of the Petitioner issued by the Respondent Management.

Ex.P2 — Photocopy of the ESI Card of

the Petitioner.

T hiru K. Ayanar, s/o. Kaliamoorthi, Primary School Teacher, MGGMS, Nellithope, Puducherry, is hereby appointed as Temple Administrative Officer of Arulmigu Sri Sundara Vinayagar Sri Muthumariamman Thirukoil, Thimmanaickanpalayam, Ariyankuppam Commune Panchayat, Puducherry, on honorary basis. The Temple Administrative Officer shall administer the said Devasthanam as envisaged in the provisions of the Puducherry Hindu Religious Institutions Act, 1972 and the rules framed thereunder.

Important duties and responsibilities of the Temple

Ex.P3 — Photocopy of the EPF Card Administrative Officer are given below :

of the Petitioner.

Ex.P4 — 28-11-2018 Photocopy of the show cause Notice issued by the Respondent to the Petitioner.

Ex.P5 — 05-12-2018 Photocopy of the show cause Notice issued by the Respondent to the Petitioner.

Ex.P6 — 06-03-2021 Photocopy of the Termination Order issued by the Respondent to the Petitioner.

Ex.P7 — 06-12-2018 Photocopy of the reply to the show cause Notice by the Petitioner.

Ex.P8 — Nov. 2018 Photocopy of the Salary Slip

of the Petitioner.

Ex.P9 — 12-09-2022 Photocopy of the

Conciliation Failure Report.

(i) To take over the administration of the said Devasthanam along with movable and immovable assets;

(ii) Submission of compliance report on taking over of the administration of the temple along with the details of movable and immovable properties with a period of fifteen days from taking over the administration;

(iii) Submission of annual report on maintenance of movable and immovable assets including the cleaning and desilting of temple ponds;

(iv) To coordinate and facilitate the completion of work undertaken by donors as per rule 13 (9); (v) Submission of annual budget by March as per rule 13 of the Act;

List of respondent's witnesses: Nil

(vi) To maintain accounts as per sections 14 to 17 of Hindu Religious Institutions Act and to get the accounts audited annually by the Directorate of Accounts and Treasuries, Puducherry;

List of respondent's exhibits: Nil

G.T. AMBIKA, Presiding Officer, Industrial Tribunal-cum- Labour Court, Puducherry.

GOVERNMENT OF PUDUCHERRY (vii) Shall ensure that the Poojas and Festivals are conducted according to the customs followed by the Devasthanam;

(viii) Shall collect all debts and funds due to the Institution and secure them from the loss or risk of loss;

HINDU RELIGIOUS INSTITUTIONS AND WAQF

(ix) Shall ensure that appropriate proceedings are instituted to effect all debts and funds due to the Institution or recovery thereof and also to defend such action against the Institution in respect of the property of the Institution;

(G.O. Ms. No. 48/CHRI/T.4/2023,

Puducherry, dated 03rd January 2024)

ORDER

Adverting to the Orders, dated 30-06-2023 of the H o n 'b l e H i g h C o u r t o f J u d i c a t u r e a t M a d r a s i n W.P. Nos. 34726 of 2022 and 3241 of 2023, and G.O. Ms. N o . 1 / C H R I / T. 2 / 2 0 2 3 , d a t e d 1 4 - 0 7 - 2 0 2 3 and in exercise of the powers conferred under the Puducherry Hindu Religious Institutions Act, 1972, (x) Shall not connive at or facilitate any act or conduct of another person which would involve a breach of trust or occasion risk or loss to the property belonging to the Institution;

(xi) Shall strictly conform to and carry out the terms and shall not encumber the properties of the Institution by persistently incurring expenditure beyond the limits of the income of the property of the Institution;

164 LA GAZETTE DE L'ETAT [20 February 2024

(xii) Shall not in any way make use of the property of the Institution or of his position as Temple Administrative Officer, for his self-interest or private advantage; and shall be personally responsible for the exercise of his judgment and for performance of his duty and he cannot, therefore, escape responsibility by leaving to another person the exercise of judgment or the performance of that duty.

The Temple Administrative Officer shall hold office for a period of three years from the date of its appointment, unless in the meanwhile removed or dismissed or on resignation is accepted or otherwise cease to be Temple Administrative Officer.

(By order)

A. SIVASANKARAN, Under Secretary to Government (Temples).

ANNEXURE

(a) Whether the industrial dispute raised by the petitioners Thiru A. Gopalsamy against the management of M/s Hi-design India Private Limited, Othiampet, Puducherry, over non-employment with all other attendant benefits is justified or not? If justified, to give appropriate direction.

(b) To compute the relief if any, awarded in terms of money if, it can be so computed.

(By order)

P. RAGINI, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY LABOUR DEPARTMENT

————

GOVERNMENT OF PUDUCHERRY (G.O. Rt. No. 03/Lab./AIL/S/2023, Puducherry, dated 04th January 2024) LABOUR DEPARTMENT

NOTIFICATION

(G.O. Rt. No. 02/Lab./AIL/T/2023,

Puducherry, dated 04th January 2024)

NOTIFICATION

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s Hi-design India Private Limited, Othiampet, Puducherry and Thiru A. Gopalsamy, over non-employment, in respect of the matter mentioned in the Annexure to this order;

And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;

Now, therefore, by virtue of the authority delegated vide G.O. Ms. No. 20/9/Lab./L, dated 23-5-1991 of the Labour Department, Puducherry, to exercise the powers conferred by clause (c) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947), it is hereby directed by the Secretary to Government (Labour) that the said dispute be referred to the Labour Court, Puducherry, for adjudication. The Labour Court, Puducherry, shall submit the Award within 3 months from the date of issue of reference as stipulated under sub-section (2-A) of section 10 of the Industrial Disputes Act, 1947 and in accordance with rule 10-B of the Industrial Disputes (Central) Rules, 1957. The party raising the dispute shall file a statement of claim complete with relevant documents, list of reliance and witnesses to the Labour Court, Puducherry, within 15 days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.

Whereas, the Government is of the opinion that an industrial dispute has arisen between the management of M/s Mahatma Gandhi Medical College and Research Institute, Puducherry and Thiru A.Dhanasekar, over his non-employment along with all other attendant benefits, in respect of the matter mentioned in the Annexure to this order;

And whereas, in the opinion of the Government, it is necessary to refer the said dispute for adjudication;

20 February 2024] LA GAZETTE DE L'ETAT 165

ANNEXURE

(a) Whether the industrial dispute raised by the petitioner Thiru A. Dhanasekar, against the management of M/s Mahatma Gandhi Medical College and Research Institute, Puducherry, over his non-employment along with all other attendant benefits is justified or not? If justified, what relief he is entitled to and give appropriate directions.

(b) To compute the relief if any, awarded in terms of money if, it can be so computed.

(By order)

P. RAGINI, Under Secretary to Government (Labour).

————

GOVERNMENT OF PUDUCHERRY (v) Submission of annual budget by March as per rule 13 of the Act;

(vi) To maintain accounts as per sections 14 to 17 of Hindu Religious Institutions Act and to get the accounts, audited annually by the Directorate of Accounts and Treasuries, Puducherry;

(vii) Shall ensure that the Poojas and Festivals are conducted according to the customs followed by the Devasthanam;

(viii) Shall collect all debts and funds due to the Institution and secure them from the loss or risk of loss;

HINDU RELIGIOUS INSTITUTIONS AND WAQF

(x) Shall not connive at or facilitate any act or conduct of another person which would involve a breach of trust or occasion risk or loss to the property belonging to the Institution;

(G.O. Ms. No. 49/CHRI/T.3/2024,

Puducherry, dated 05th January 2024)

ORDER

Adverting to the Order, dated 30-06-2023 of the H o n 'b l e H i g h C o u r t o f J u d i c a t u r e a t M a d r a s i n W.P. Nos. 34726 of 2022 and 3241 of 2023, and G.O. Ms. N o . 1 / C H R I / T. 2 / 2 0 2 3 , d a t e d 1 4 - 0 7 - 2 0 2 3 , and in exercise of the powers conferred under the Puducherry Hindu Religious Institutions Act, 1972, Thiru S. Visagan, s/o. Sivamani, Statistical Officer, Directorate of Economics and Statistics, Puducherry, is hereby appointed as Temple Administrative Officer of Arulmigu Puthulaaye Mariamman Thirukoil, Pudupet, Oulgaret Municipality, Puducherry, on honorary basis. The Temple Administrative Officer shall administer the said Devasthanam as envisaged in the provisions of the Puducherry Hindu Religious Institutions Act, 1972 and the rules framed thereunder.

Important duties and responsibilities of the Temple

Administrative Officer are given below :

(i) To take over the administration of the said Devasthanam along with movable and immovable assets;

(By order)

A. SIVASANKARAN, Under Secretary to Government (Temples).

————

GOVERNMENT OF PUDUCHERRY HINDU RELIGIOUS INSTITUTIONS AND WAQF (ii) Submission of compliance report on taking over of the administration of the temple along with the details of movable and immovable properties with a period of fifteen days from taking over the administration;

(G.O. Ms. No. 50/CHRI/T.2/2024,

Puducherry, dated 09th January 2024)

(iii) Submission of annual report on maintenance of movable and immovable assets including the cleaning and desilting of temple ponds;

(iv) To coordinate and facilitate the completion of work undertaken by donors as per rule 13 (9);

ORDER

Adverting to the Order, dated 30-06-2023 of the H o n 'b l e H i g h C o u r t o f J u d i c a t u r e a t M a d r a s i n W. P. N o s . 3 4 7 2 6 o f 2 0 2 2 a n d 3 2 4 1 o f 2 0 2 3 , a n d166 LA GAZETTE DE L'ETAT [20 February 2024 G.O. Ms. No. 1/CHRI/T.2/2023, dated 14-07-2023, and in exercise of the powers conferred under the Puducherry Hindu Religious Institutions Act, 1972, Tmt. R. Vidjealatchoumy, d/o. Ramalingam, Primary School Teacher, Government High School, Madagadipetpalayam, Puducherry, is hereby appointed as Temple Administrative Officer of Arulmigu Thulukkana Mariamman Alayam, Madagadipetpalayam, Mannadipet Commune Panchayat, Puducherry, on honorary basis. The Temple Administrative Officer shall administer the said Devasthanam as envisaged in the provisions of the Puducherry Hindu Religious Institutions Act, 1972 and the rules framed thereunder.

Important duties and responsibilities of the Temple

(By order)

Administrative Officer are given below :

(i) To take over the administration of the said Devasthanam along with movable and immovable assets;

A. SIVASANKARAN, Under Secretary to Government (Temples).

————

(G.O. Ms. No. 51/CHRI/T.2/2024,

Puducherry, dated 09th January 2024)

(iii) Submission of annual report on maintenance of movable and immovable assets including the cleaning and desilting of temple ponds;

(iv) To coordinate and facilitate the completion of work undertaken by donors as per rule 13 (9); (v) Submission of annual budget by March as per rule 13 of the Act;

(vi) To maintain accounts as per sections 14 to 17 of Hindu Religious Institutions Act and to get the accounts audited annually by the Directorate of Accounts and Treasuries, Puducherry;

(vii) Shall ensure that the Poojas and Festivals are conducted according to the customs followed by the Devasthanam;

(viii) Shall collect all debts and funds due to the Institution and secure them from the loss or risk of loss;

ORDER

Adverting to the Order, dated 30-06-2023 of the H o n 'b l e H i g h C o u r t o f J u d i c a t u r e a t M a d r a s i n W.P. Nos. 34726 of 2022 and 3241 of 2023, and G.O. Ms. N o . 1 / C H R I / T. 2 / 2 0 2 3 , d a t e d 1 4 - 0 7 - 2 0 2 3 , and in exercise of the powers conferred under the Puducherry Hindu Religious Institutions Act, 1972, Thiru K. Saravanan, s/o. Kathirvel, Trained Graduate Teacher, Government Girls' Middle School, Villianur, Puducherry, is hereby appointed as Temple Administrative Officer of Arulmigu Muthumariamman, Arulmigu Sundramurthy Vinayagar, Arulmigu Murugan and Arulmigu Pokkilai Poorani Iyyanarappaswamy Temple, Silukaripalayam, Mannadipet Commune, Puducherry, on honorary basis. The Temple Administrative Officer shall administer the said Devasthanam as envisaged in the provisions of the Puducherry Hindu Religious Institutions Act, 1972 and the rules framed thereunder.

Important duties and responsibilities of the Temple

Administrative Officer are given below :

(x) Shall not connive at or facilitate any act or conduct of another person which would involve a breach of trust or occasion risk or loss to the property belonging to the Institution;

(i) To take over the administration of the said Devasthanam along with movable and immovable assets;

20 February 2024] LA GAZETTE DE L'ETAT 167

GOVERNMENT OF PUDUCHERRY HINDU RELIGIOUS INSTITUTIONS AND WAQF (iii) Submission of annual report on maintenance of movable and immovable assets including the cleaning and desilting of temple ponds;

(iv) To coordinate and facilitate the completion of (G.O. Ms. No. 54/CHRI/T.3/2024, Puducherry, dated 19th January 2024) work undertaken by donors as per rule 13 (9); (v) Submission of annual budget by March as per rule 13 of the Act;

(vi) To maintain accounts as per sections 14 to 17 of Hindu Religious Institutions Act and to get the accounts, audited annually by the Directorate of Accounts and Treasuries, Puducherry;

(vii) Shall ensure that the Poojas and Festivals are conducted according to the customs followed by the Devasthanam;

(viii) Shall collect all debts and funds due to the Institution and secure them from the loss or risk of loss;

ORDER

Adverting to the Order, dated 30-06-2023 of the H o n 'b l e H i g h C o u r t o f J u d i c a t u r e a t M a d r a s i n W.P. Nos. 34726 of 2022 and 3241 of 2023, and G.O. Ms. N o . 1 / C H R I / T. 2 / 2 0 2 3 , d a t e d 1 4 - 0 7 - 2 0 2 3 , and in exercise of the powers conferred under the Puducherry Hindu Religious Institutions Act, 1972, Thiru M. Prabakaran, s/o. Mohan, Commercial Assistant, Electricity Department, Puducherry, is hereby appointed as Temple Administrative Officer of Sri Sitthi Vinayagar, Sri Sivasubramaniyar Swamy Devasthanam, Pethuchettipet, Oulgaret Municipality, Puducherry, on honorary basis. The Temple Administrative Officer shall administer the said Devasthanam as envisaged in the provisions of the Puducherry Hindu Religious Institutions Act, 1972 and the rules framed thereunder.

Important duties and responsibilities of the Temple

Administrative Officer are given below :

(x) Shall not connive at or facilitate any act or conduct of another person which would involve a breach of trust or occasion risk or loss to the property belonging to the Institution;

(By order)

A. SIVASANKARAN, Under Secretary to Government (Temples).

(i) To take over the administration of the said Devasthanam along with movable and immovable assets;

(iii) Submission of annual report on maintenance of movable and immovable assets including the cleaning and desilting of temple ponds;

(iv) To coordinate and facilitate the completion of work undertaken by donors as per rule 13 (9); (v) Submission of annual budget by March as per rule 13 of the Act;

(vi) To maintain accounts as per sections 14 to 17 of Hindu Religious Institutions Act and to get the accounts audited annually by the Directorate of Accounts and Treasuries, Puducherry;

(vii) Shall ensure that the Poojas and Festivals are conducted according to the customs followed by the Devasthanam;

(viii) Shall collect all debts and funds due to the Institution and secure them from the loss or risk of loss;

168 LA GAZETTE DE L'ETAT [20 February 2024

Officer of Arulmigu Sri Oothukattumariamman Devasthanam, Sellaperumalpet, Lawspet, Oulgaret Municipality, Puducherry, on honorary basis. The Temple Administrative Officer shall administer the said Devasthanam as envisaged in the provisions of the Puducherry Hindu Religious Institutions Act, 1972 and the rules framed thereunder.

Important duties and responsibilities of the Temple

Administrative Officer are given below :

(x) Shall not connive at or facilitate any act or conduct of another person which would involve a breach of trust or occasion risk or loss to the property belonging to the Institution;

(By order)

A. SIVASANKARAN, Under Secretary to Government (Temples).

————

GOVERNMENT OF PUDUCHERRY (i) To take over the administration of the said Devasthanam along with movable and immovable assets;

(iii) Submission of annual report on maintenance of movable and immovable assets including the cleaning and desilting of temple ponds;

(iv) To coordinate and facilitate the completion of work undertaken by donors as per rule 13 (9); (v) Submission of annual budget by March as per rule 13 of the Act;

(vi) To maintain accounts as per sections 14 to 17 of Hindu Religious Institutions Act and to get the accounts, audited annually by the Directorate of Accounts and Treasuries, Puducherry;

(vii) Shall ensure that the Poojas and Festivals are conducted according to the customs followed by the Devasthanam;

(viii) Shall collect all debts and funds due to the Institution and secure them from the loss or risk of loss;

HINDU RELIGIOUS INSTITUTIONS AND WAQF

(G.O. Ms. No. 55/CHRI/T.3/2024,

Puducherry, dated 19th January 2024)

ORDER

Adverting to the Order, dated 30-06-2023 of the H o n 'b l e H i g h C o u r t o f J u d i c a t u r e a t M a d r a s i n W.P. Nos. 34726 of 2022 and 3241 of 2023, and G.O. Ms. No. 1/CHRI/T.2/2023, dated 14-07-2023, and in exercise of the powers conferred under the Puducherry Hindu Religious Institutions Act, 1972, Dr. P. Govindassamy, s/o. Palaniandy, Deputy Director of Fisheries, Department of Fisheries and Fishermen Welfare, Puducherry, is hereby appointed as Temple Administrative (ix) Shall ensure that appropriate proceedings are instituted to effect all debts and funds due to the Institution or recovery thereof and also to defend such action against the Institution in respect of the property of the Institution;

(x) Shall not connive at or facilitate any act or conduct of another person which would involve a breach of trust or occasion risk or loss to the property belonging to the Institution;

20 February 2024] LA GAZETTE DE L'ETAT 169

5. Secretary to Government (Finance) . . Member 6. All other Secretaries to Government . . Members 7. Director (Planning and Research) . . Member 8. Secretary to Government . . Member- (Adi Dravidar Welfare and cum- Scheduled Tribes Welfare). Convenor.

9. One Non-official Member who . . Member had experience in working with Scheduled Castes/Scheduled Tribes, Development Plan/Issues.

Terms of Reference of the Council

(By order)

The broad functions of the Council are as follows

A. SIVASANKARAN, Under Secretary to Government (Temples).

————

GOVERNMENT OF PUDUCHERRY (a) Advice the Departments of State Government on all the policy matters relating to Scheduled Castes Sub-Plan;

CHIEF SECRETARIAT

(b) Suggest measures for proper planning and Implementation of SC-SCP Schemes by the Department of the State Government;

(ADI DRAVIDAR WELFARE AND

SCHEDULED TRIBES WELFARE)

(G.O. Ms. No. 03/ADW&STW/2024,

Puducherry, dated 01st February 2024)

NOTIFICATION

As per the revised Guidelines for Implementation of Scheduled Castes Sub-Plan (SC-SCP) issued by the Planning Commission (SJ&E Division), the Lieutenant-Governor, Puducherry, is pleased to constitute the State Level Scheduled Caste Development Council in the Union territory of Puducherry with immediate effect for effective implementation of Scheduled Castes Sub-Plan (SC-SCP) and to perform the functions that will be assigned to it by the State Government. The composition of the Council is as follows:-

(d) To review the implementation of the Development Plan/Schemes; and

(e) Perform such other function as may be prescribed for it by the State Government. 2. Finance Department shall make allocation of SC-SCP Funds in the Budget as approved by the State Level Scheduled Castes Development Council.

3. The State Level Scheduled Castes Development Council will be a Non-Statutory Advisory Council. The Non-official Member of the Council is entitled to draw TA/DA for attending the meeting of the Council as applicable to Government Officials drawing Grade Pay of ` 7,600.

State Level Scheduled Castes Development Council

1. Hon'ble Chief Minister . . Chairperson 2. Hon'ble Minister . . Member (Adi Dravidar Welfare and Scheduled Tribes Welfare).

3. MLAs of Reserved Constituencies . . Member in the Union territory of Puducherry.

4. Chief Secretary to Government . . Member 4. The Council will meet atleast thrice in a year.

5. The minutes of the meeting shall be prepared and communicated by the Member-cum-Convenor of the Council.

(By order of the Lieutenant-Governor)

K. CANDANE @ SIVARADJANE, Under Secretary to Government (Adi Dravidar Welfare and Scheduled Tribes Welfare).

170 LA GAZETTE DE L'ETAT [20 February 2024

GOVERNMENT OF PUDUCHERRY

OFFICE OF THE CHIEF EDUCATIONAL OFFICE, KARAIKAL

NO. 428/CEO/KKL/E3(Exam)/2024/192.

Karaikal, dated 07th February 2024.

NOTIFICATION

It is hereby informed that the following candidate has lost his original S.S.L.C. Mark Certificate beyond the scope of recovery, the necessary steps have been taken to issue duplicate certificate. If, anyone finds the original Mark Certificate, it may be sent to the Secretary, State Board of School Examinations (Sec.), College Road, Chennai-600 006 for cancellation, as it is no longer valid.

Sl. Name of the Register No., Sl.No. of School in which No. applicant session and the mark studied last

year certificate

(1) (2)

(3) (4)

(5)

1 Thiru Shreenivasan. S 592930, April 2010 — Karmaveerar Kamarajar Government

High School, Kurumbagaram, Karaikal.

P. VIJAYAMOHANA,

Chief Educational Officer.

————

GOVERNMENT OF PUDUCHERRY

DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, PUDUCHERRY

(G.O. Ms. No. 02/REV./825, Puducherry, dated 10th February 2024)

ORDER

The Final seniority list in the grade of Deputy Tahsildar, was issued vide G.O. Rt. No. 7/Rev., dated 09-07-2011 of Department of Revenue and Disaster Management, Puducherry.

2. A tentative seniority list of officials in the post of Deputy Tahsildar, who have been appointed on regular basis from the year 2001 onwards up to 2008 including the 2006 batch, Deputy Tahsildars were circulated and called for objection vide Memorandum No. 31021/Rev.Estt/A1/2006, dated 22-02-2010. After publication of tentative seniority list, Thiru K.P. Sreejith, Deputy Tahsildar, had submitted his objection vide representation, dated 08-03-2010 as detailed below:

"20 candidates were selected on 08-01-2006, for the post of Deputy Tahsildar under direct recruitment and subsequently, the result of Meritorious Sports Person (MSP) was published selecting him as Deputy Tahsildar under MSP quota. He joined the post on 16-05-2007. He has further stated that the sportsman so appointed should be adjusted in the recruitment/reservation roster against the respective category viz. SC/ST/OBC/General to which he/ she belongs to a sportsman/sportswoman who is SC will be counted against the SC reservation point, if, he belongs to ST/OBC, he will be counted against ST/OBC point and if, he belongs to General Category, he will be shown against the General Category vacancy point in the reservation roster. He scored 155 marks on the basis of the result of the competitive examination for the direct recruitment post of Deputy Tahsildar held on 08-02-2006 under UR/MSP category, but, in the tentative seniority list, his name was mentioned in the bottom of the list as an en-block without order of merit and seniority was wrongly assigned at No. 173 instead of Seniority No. 156. Further, he submits20 February 2024] LA GAZETTE DE L'ETAT 171 that MSP reservation comes on horizontal basis similar to the reservation of Ex-servicemen. In the circulated seniority list, the said rule is only applied for Ex-servicemen and denied to the MSP and hence, he requested to rectify the error."

3. The objection submitted by Thiru K.P. Sreejith, Deputy Tahsildar, was examined before finalizing the seniority and stated as follow:

"The procedure explained by Thiru K.P. Sreejith, Deputy Tahsildar, is applicable only in the case of maintaining reservation rosters, whereas, fixation of seniority is based on inter-se merit. Hence, the claim of the said Deputy Tahsildar is not acceptable".

Hence, the request of Thiru K.P. Sreejith, Deputy Tahsildar, has not been considered at that time and the final seniority list was published on 09-07-2011 vide G.O. Ms. No. 7/Rev., in that Thiru K.P. Sreejith, Deputy Tahsildar, was placed at Seniority No. 173.

4. Thiru K.P. Sreejith, Deputy Tahsildar, has submitted another representation, dated 25-11-2022, on receipt of the order of regularization of his ad hoc services with effect from 01-08-2021 vide Memorandum No. 2711DRDM/ Estt./A2/2021/6532, dated 02-02-2022, wherein, he has raised objection regarding the selection of candidates for the post of Deputy Tahsildar by Direct Recruitment vide Notification published on 09-01-2006 and consequential tentative seniority vide Memorandum No.A.31021/ Rev.Estt/A1/2006, dated 22-02-2010 and final seniority list vide Memorandum in G.O. Ms. No. 7/Rev., dated 09-07-2011.

5. The Hon'ble Supreme Court of India observed in the case of Sudhir Kumar Vs. Union of India decided on 26-10-2021, as follows:

"We are also of the view that in the matter of adjudging seniority of the candidates selected in one and the same selection, placement in the order of merit can be adopted as a principle for determination of seniority but, where the selections are held separately by different recruiting authorities, the principle of initial date of appointment/continuous officiating may be the valid principle to be considered for adjudging inter-se seniority of the officers in the absence of any rule or guidelines in determining seniority to the contrary.

6. In the case of Indra Sawhney and others Vs. Union of India, the Hon'ble Apex Court has laid down law regarding 'vertical' as well as 'horizontal' reservation.

Horizontal reservation: The persons selected against this quota will be placed in the appropriate category;

if, he belongs to SC category, he will be placed in that quota by making necessary adjustments; similarly, if, he belongs to open competition (OC) category, he will be placed in that category by making necessary adjustments.

Even, after providing for these horizontal reservations, the percentage of reservations in favour of backward class of citizens remains - and should remain - the same.

7. The analogy laid down above, squarely applied to the instant case. Thiru K.P. Sreejith, Deputy Tahsildar, was selected under MSP category in continuation of the select list published vide Notification No. 32016/DRDM/ Estt./A2/2005, dated 09-01-2006 and not a separate list, and hence, seniority of an officer is determined as per order of merit given by the selection authority. Reservation roster/points are meant only for identifying the vacancy that goes to a particular category.

8. Accordingly, adverting to the facts of the instant case, the objections received from Thiru K.P. Sreejith, Deputy Tahsildar, was broadly examined by preparing a combined list of selected candidates as per the order of merit, and revised the final seniority list of Deputy Tahsildars. And Thiru K.P. Sreejith, Deputy Tahsildar, is assigned the Seniority No. l62(A) and placed below Thiru R. Coumaran (Seniority No. 162) and above Tmt. S. Sovoundary (Seniority No. 163).

9. All other things in the Government Order remain unchanged.

E. VALLAVAN, I.A.S.,

Secretary to Government (Revenue).

172 LA GAZETTE DE L'ETAT [20 February 2024

ANNEXURE

Sl. No. Tentative Name of the Deputy Tahsildar Date of regular Marks Remarks

appointment obtained

Seniority Number

(1) (2)

(3)

(4) (5) (6) 1 132 Direct recruitee and promotee Up to – –

01-12-2004

t o t o 15 146

16 147 S. Muthiyan (Resigned) 03-03-2006 182 – 17 148 A. Sivasankaran 27-02-2006 181 – 18 149 P. Rajendiran

03-03-2006 174 – 19 150 P.S. Ravichandran 01-02-2007 171 Ex-Sm 20 151 D. Balaji

06-03-2006 170 – 21 152 A. Sureshraj

02-03-2006 170 – 22 153 S. Vijayan (Resigned) 03-03-2006 169 – 23 154 K. Veeramany (Resigned) 27-02-2006 168 – 24 155 S. Sivaraj

16-03-2006 167 – 25 156 V. Soumya

10-03-2006 165 – 26 157 A. Kumaran

03-03-2006 162 – 27 158 Mathew Francis 02-03-2006 161 – 28 159 C. Sendhilkumar 09-03-2006 156 – 29 160 V. Mahadevan 02-03-2006 155 Ex-Sm

20-02-1964 30 161 R. Arun Ayavou 09-03-2006 155 14-06-1974 31 162 R. Coumarane

08-03-2006 155 16-09-1974 32 162(A) K.P. Sreejith

16-05-2007 155 MSP

03-10-1975 33 163 S. Sovoundary 01-03-2006 141 – 34 164 V. Shanmugam (Retired)** 08-11-2006 – – 35 165 K. Djanamayjayam** 03-11-2006 – – 36 166 K. Ramadass (Retired) 03-11-2006 – – 37 167 S. Thirugnanasambandam** 08-11-2006 – – 38 168 P. Anbalagan** 23-11-2006 – – 39 169 R. Ramachandran (Retired)** 30-11-2006 – – 40 170 R. Sheela

05-02-2007 140 – 41 171 P. Massilamani 02-02-2007 138 – 42 172 H.V. Vimalan

27-02-2007 138 – 43 174 I. Maria Pusuparaj** 01-07-2007 – – 44 175 V. Santhanam** 16-10-2007 – – 45 176 V. Kannaiyan (Retired)** 26-06-2008 – – 46 177 P. Kuppusamy (Retired)** 26-06-2008 – – ** Promotee from the cadre of Revenue Inspector