R. Govindarajalu v. R.Pannerselvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.09.2018
CORAM:
THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.A.Nos.1932, 1933, 1957 and 1886 of 2018 and CMP.Nos.15534, 15535, 15661, 15204 and 15758/2018 W.A.Nos.1932 and 1933/2018 R.Govindarajalu ... Appellant in W.A.No.1932/2018 Ramadurai Murugan ... Appellant in W.A.No.1933/2018 Vs
1. R.Pannerselvam
2. State of Tamil Nadu rep. by the Chief Secretary,
4. The Principal Secretary to Government,
5. K.Tamilselvi
6. T.R.Malliga
7. K.Madhiazhagan
8. M.S.Mohamed Aslam
9. G.Mohanarajan 10.N.Kadiresan 11.P.Kriubanandam 12.N.Sundaramurthy 13.J.Shanmugam 14.S.Rajendran 15.T.Arun 16.M.Babu 17.K.Benedict Dharma Roy 18.V.Anitha
19.P.Chinnasamy 20.A.Muniandi 21.P.V.Saravanan 22.R.Govindarajulu 23.M.Selvi 24.S.Senthamarai 25.T.Subramanian 26.V.Manoharan 27.K.Shanmuganathan 28.D.Rajendran 29.K.Periathambi 30.G.Mahatma 31.I.Valarmathi 32.E.Selvaraju 33.R.Janaki 34.P.Jayaraman 35.C.Rajendran 36.R.Jayakumari 37.M.Chandran 38.C.Murugaian 39.K.Saraswathi 40.S.Senniappan 41.Mangala Rama Subramanian 42.M.Parameswari 43.A.Mohan 44.V.Muthusami 45.S.Govindarajan ... Respondents in W.A.Nos.1932 & 1933/2018 W.A.No.1957/2018 :
T.Subramanian ... Appellant vs.
1. R.Pannerselvam
2. State of Tamil Nadu rep. by the Chief Secretary,
4. The Principal Secretary to Government,
5. K.Tamilselvi
6. T.R.Malliga
7. K.Madhiazhagan
8. M.S.Mohamed Aslam
9. G.Mohanarajan 10.N.Kadiresan 11.P.Kriubanandam 12.N.Sundaramurthy 13.J.Shanmugam 14.S.Rajendran 15.T.Arun 16.M.Babu 17.K.Benedict Dharma Roy 18.V.Anitha 19.P.Chinnasamy 20.A.Muniandi 21.E.V.Saravanan 22.R.Govindarajulu 23.M.Selvi 24.S.Senthamarai 25.V.Manoharan 26.K.Shanmuganathan 27.D.Rajendran 28.K.Periathambi 29.G.Mahatma 30.I.Valarmathi 31.E.Selvaraju 32.R.Janaki 33.P.Jayaraman 34.T.Ramadurai Murugan 35.C.Rajendran 36.R.Jayakumari 37.M.Chandran 38.C.Murugaian 39.K.Saraswathi 40.S.Senniappan 41.Mangala Rama Subramanian 42.M.Parameswari 43.A.Mohan 44.V.Muthusami 45.S.Govindarajan ... Respondents W.A.No.1886/2018 :
1. Valarmathi
2. M.Parameswari
3. V.Muthuswamy
4. S.Govindarajan ... Appellants
vs.
1. R.Pannerselvam
2. State of Tamil Nadu rep. by the Chief Secretary,
4. The Principal Secretary to Government,
5. K.Tamilselvi
6. T.R.Malliga
7. K.Madhiazhagan
8. N.S.Mohamed Aslam
9. G.Mohanarajan 10.N.Kathiresan 11.P.Kriubanandam 12.N.Sundaramurthy 13.J.Shanmugam 14.S.Rajendran 15.P.Arun 16.M.Babu 17.K.Benedict Dharma Roy 18.B.Anitha 19.P.Chinnasami 20.A.Muniandi 21.E.V.Saravanan 22.R.Govindarajulu 23.M.Selvi 24.S.Senthamarai 25.T.Subramanian 26.V.Manoharan 27.K.Shanmuganathan 28.B.Rajendran 29.K.Periathambi 30.G.Mahatma 31.E.Selvaraju 32.R.Janaki 33.P.Jayaraman 34.C.Rajendran 35.T.Ramaduraimurugan
36.R.Jayakumary 37.M.Chandran 38.P.Murugaian 39.K.Saraswathi 40.S.Chenniappan 41.R.Mangala Rama Subramanian 42.A.Mohan ... Respondents Prayer(for All Writ Appeals) : Writ Appeal filed under Clause 15 of the Letter Patent against the Common Order dated 24.07.2018 passed in W.M.P.Nos.16584, 9931, 18009, 8758 and 8759/2018 in W.P.Nos.7974 and 7067/2018 by a learned Single Judge. WMP No.18009 of 2018: Writ Miscellaneous Petition is filed to vacate the interim stay granted by this Honourable Court dated 5.4.2018 made in WMP No.9931 of 2018 in WP No.7974 of 2018. WMP No.9931 of 2018:Writ Miscellaneous Petition is filed to grant interim stay of the promotion panel in G.O.Ms.No.102 (Public Special-A) Department dated 02.02.2018, by the 1st respondent pending disposal of the above Writ Petition. W.P.No.
7974 of 2018:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in G.O.Ms. No.102 (Public Special-A) Department dated 02.02.2018 and quash the same and further direct the 1st Respondent to consider the names of the petitioners for promotion to the post of District Revenue Officer.
For Appellants :: Mr.K.V.Dhanapalan in W.A.Nos.1932 and 1933/2018 Mr.Fr.Xavier Arulraj, Senior Counsel for T.Fenn Walter Association in W.A.Nos.1957/2018 Mr.NGR.Prasad for M/s.S.Vijayakumar in W.A.No.1886/2018 For Respondents :: Mr.Adithya Reddy for R1 in W.A.Nos.1932,1933 & 1957/2018 Ms.Dakshayani Reddy for Mr.Adithya Reddy for R1 in W.A.No.1886/2018 Mr..Vijaya Narayan assisted by M/S.R.Govindasamy, Spl.G.P.
for R2 to R4 in all W.As.
COMMON JUDGMENT (Judgment of the Court was pronounced by HULUVADI G.RAMESH, J.) These Writ Appeals are directed against the Common Order dated 24.07.2018 passed in W.M.P.Nos.16584, 9931, 18009, 8758 and 8759 of 2018 in W.P.Nos.7974 and 7067/2018 by a learned Single Judge.
2. Writ Petitions in W.P.Nos.7067 & 7974 of 2018 have been filed challenging the order of relaxation of Rule 2(a) of Special Rules in Tamil Nadu Civil Services in G.O.Ms.No.102 (Public Special-A) Department, dated 02.02.2008 the temporary panel of Deputy Collectors fit for promotion as District Revenue Officers in the year 2017 and the temporary panel in G.O.Ms.No.103 (Public Special-A) Department, dated 02.02.2018, by the direct recruitees on the ground that relaxation is contrary to law and it would affect their promotion. W.M.P.Nos.9931 & 8759 of 2018 have been filed seeking stay of the Government Orders. The learned Single Judge granted an order of interim stay on 05.04.2018. Thereupon, W.M.P.Nos.16584 & 18009 of 2018 came to be filed to vacate the interim order. However, the learned Single Judge while extending the interim order, dismissed the vacate stay petitions. Aggrieved over the same, the above Writ Appeals have been filed. 3.
The learned counsel for the appellants would urge that the writ petitioners are far juniors of the appellants and the appellants were appointed in permanent vacancies in accordance with the prescribed Rules and they are fully qualified to hold the post of Deputy Collectors and to be promoted to the post of District Revenue Officers and non declaration of probation of the Deputy Collectors appointed by the transfer is not on their fault, but only due to administrative delay. The learned counsels have also relied upon the order of the Hon'ble Supreme Court, dated 17.05.2018 in SLP(C)No.30621 of 2011, wherein it has been held that pendency of the Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from 'reserved to reserved' and 'unreserved to unreserved' and also in the matter of promotion on merits. 4.
Learned Advocate General appearing for the State contended that in respect of the relaxation granted for Rule 2A of the Special Rules, the Hon'ble Division Bench of this Court passed an order in the matter of reservation for promotion, against which an S.L.P. is filed. The same is pending before the Supreme Court for final hearing. Under such circumstances, the State granted relaxation in favour of the senior persons in the cadre of Deputy Collector. He further submitted that the contesting respondents had joined in the post of Deputy
Collector before the writ petitioners. Thus, they are actually seniors and on account of the pending litigations, their probations are unable to be declared. Therefore, on account of administrative delay, the innocent officials cannot be made to suffer for no fault committed by them. Thus, soon after the disposal of the Special Leave Petition pending before the Apex Court, all necessary steps will be taken to redress the grievances of all concerned.
5. The learned counsel for the first respondent in Writ Appeal No.1886 of 2018 would state that while effecting appointment by transfer to the post of Deputy Collector, the ratio laid down for direct recruitment and recruitment by transfer has not been followed strictly and promotions have been given in excess to that ratio.
6.
Considered the rivals submissions made on either side and we have also perused the materials available on record carefully.
7.
Though several grounds have been raised in these writ appeals, taking note of the observation of the Hon'ble Supreme Court and the fact that the appeals have been filed only against a common interim order passed by the learned Single Judge dated 24.7.2018 and the main Writ Petitions are pending consideration before the Single Judge and also the fact that Special Leave Petition which has been filed against the rule of reservation is still pending before the Supreme Court, we are of the view that while effecting promotion to the post of District Revenue Officers, the ratio laid down for direct recruitees quota as well as the appointment by transfer quota shall be strictly followed. Anyhow, it is made clear that any promotion made is subject to the result of the writ petitions and the matter pending before the Supreme Court.
8.
With the above observation and direction, the Writ Appeals are disposed of.
Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To
1. The Chief Secretary, State of Tamil Nadu,
2. The Principal Secretary to Government, +1cc to M/S.S.Vijayakumar, Advocate Sr.61831 +2cc to M/S.T.Fennwalter Associates, Advocate Sr.61824 +2cc to M/S.R.Kannan, Advocate Sr.61825 +2cc to M/S.K.V.Dhanapalan, Advocate Sr.61826 +1cc to the Government Pleader Sr.62959 W.A.Nos.1932, 1933, 1957 and 1886/2018 cp[co] srg 24/09/2018