Madras High Court
V.Ponnusamy vs The State Of Tamil Nadu on 9 November, 2023
W.P(MD)No.1743 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2023
CORAM :
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P(MD)No.1743 of 2016
and
W.M.P.(MD)No.1508 of 2016
V.Ponnusamy ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep., by its Principal Secretary to Government,
Revenue Department, Secretariat,
Chennai.
2.The Additional Chief Secretary / Commissioner
of Revenue Administration,
Chepauk, Chennai.
3.The District Collector,
Theni District, Theni.
4.The District Revenue Officer,
O/o. The Collectorate,
Theni, Theni District.
5.S.Anbu Chezhian
6.S.Baskaran
7.R.Mangani
8.S.Surulivel
9.K.Jeyabarathi
10.M.Indira
11.A.Akila
12.V.Nagarajan
13.R.Velmurugan
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1/6
W.P(MD)No.1743 of 2016
14.A.Sivakumar
15.P.Murugan
16.V.Sivankalai
17.K.Nagarajan
18.M.Pongudalingam
19.M.Muthunavarethinam ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned seniority list issued by the 3rd respondent in
his proceedings in Na.Ka.No.A2/34888/2013, dated 31.07.2015 and quash the
same as illegal and consequentially to direct the respondents to fix the seniority
of the petitioner above than the private respondents herein in the light of the
order dated 02.04.2006 passed by this Court in the batch of Writ Petitions in
W.P.No.21654 of 2004 and W.P.No.3822 of 2006 etc.,.
For Petitioners : M/s.A.Shapna,
For M/s.Ajmal Associates
For R1 to R4 :Mr.T.Amjadkhan, Government Advocate
For R5, R8, R10 to
R13, R15 to R19 : No Appearance
ORDER
The writ petitioner at the time of filing the Writ Petition was working
as Revenue Assistant. He was initially appointed as a Typist on 09.09.2009.
Prior to his appointment on 15.11.2007, a notification was issued by the Tamil
Nadu Public Service Commission (TNPSC), in which the petitioner participated
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W.P(MD)No.1743 of 2016
in the examinations on 27.01.2008. The results of the examinations were
published on 07.11.2008 and the appointment order was issued on 16.07.2009.
This is the past history of the petitioner joined services of the 1st respondent.
2.Insofar as the private respondents, namely, respondents 5 to 19 are
concerned, they were originally appointed in the year 2003 and to meet the
exigencies, which were prevailing during the relevant point of time, the private
respondents were purely appointed on temporary basis. By an order dated
19.09.2006, the 1st respondent decided to absorb the candidates, who had been
working in terms of the appointment order issued on 04.07.2003.
Consequentially, the TNPSC issued a notification on 06.11.2007, stating that it
will conduct special qualifying examinations for the private respondents and
the persons similarly situated. The private respondents wrote the examinations
on 07.02.2008 and they were absorbed in service in the cadre of Junior
Assistant on 27.05.2009. They were promoted to the post of Assistant with
effect from 31.08.2012.
3.From the narration of the aforesaid facts, it is clear that the
petitioner joined in service only on 09.09.2009 as a Typist, whereas the private
respondents joined services on 27.05.2009. In other words, even before the
petitioner was appointed, the private respondents were already working.
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W.P(MD)No.1743 of 2016
4.The grievance of the writ petitioner is that the private respondents
have been shown as seniors to the writ petitioner. The learned counsel for the
writ petitioner relies upon G.O.(Ms)No.548, Personnel and Administrative
Reforms (PERCJ) Department, dated 19.06.1987. According to her, the
persons, who were appointed through TNPSC should be placed as seniors to
those who had been appointed under General Rule 10a(1). She also relies upon
the judgment of the Division Bench of the Principal Seat of this Court in
W.P.No.21654 of 2004, dated 03.04.2006.
5.I heard M/s.A.Shapna, learned counsel appearing for the writ
petitioner and Mr.T.Amjadkhan, learned Government Advocate appearing for
the respondents 1 to 4.
6.I am unable to agree with the learned counsel for the petitioner for
the simple reason that G.O.(Ms)No.548, dated 19.06.1987 was issued for
addressing the specific contingency that arose due to special absorption that
had been conducted in the year 1984. The common order in W.P.No.21654 of
2004 and W.P.No.3822 of 2006, dated 03.04.2006 also related to the said
special absorption of the year 1984. The said Government Order cannot be
extended to the persons like the writ petitioner or the private respondents
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W.P(MD)No.1743 of 2016
herein. Mere fact that the petitioner had secured employment in the 1st
respondent through TNPSC does not place him as superior to the persons, who
had already been appointed before him in the very same cadre.
7.A perusal of the said order dated 03.04.2006 passed by the Division
Bench of this Court makes it clear that as it was the case of special absorption
of the year 1984, this Court had ordered by following G.O.(Ms)No.548, dated
19.06.1987 that the persons, who had been appointed by TNPSC should be
placed above to those who had been appointed by special absorption in the year
1984. That being one time measure, it cannot be applied for all cases.
Therefore, both the points are failed and I am unable to grant the relief, the writ
petitioner seeks for.
8.Accordingly, this Writ Petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
09.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
W.P(MD)No.1743 of 2016
V.LAKSHMINARAYANAN, J
Yuva
To
1.The Principal Secretary to Government,
State of Tamil Nadu,
Revenue Department, Secretariat,
Chennai.
2.The Additional Chief Secretary / Commissioner
of Revenue Administration,
Chepauk, Chennai.
3.The District Collector,
Theni District, Theni.
4.The District Revenue Officer,
O/o. The Collectorate,
Theni, Theni District.
W.P(MD)No.1743 of 2016
09.11.2023
https://www.mhc.tn.gov.in/judis
