Arunbabu.S v. Union Territory Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.35614 to 35647 of 2017 W.P.No.32343 of 2017:
Arunbabu.S ... Petitioner Vs.
1.Union Territory of Puducherry, Rep. by its Chief Secretary, Office of the Chief Secretariat, Puducherry - 605001. 2.The Secretary to the Government-cum- Chairman of Pondicherry Market Committee, Agriculture & Forest Department, Office of the Chief Secretariat, Puducherry - 605001. 3.The Under Secretary to the Government of Puducherry, Agriculture & Forest Department, Office of the Chief Secretariat, Puducherry - 605001.
4.The Director of Agriculture, Government of Puducherry, Agriculture Complex, Puducherry 5.The Secretary, Pondicherry Market Committee, Agriculture Complex, Thattanchavady, Puducherry - 605009.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the ID Order No.16340/CS(Agri)A3/2017 dated 12.09.2017, passed by the 3rd respondent herein and the consequential order the Memorandum No.41/PMC/2017-18, dated 10.10.2017, passed by the 5th respondent herein, and quash the same, and direct the respondents to disburse the salary arrears of salary and Bonus, to the petitioner, and confer all the consequential benefits on the petitioner, in so far as petitioner as concern. For Petitioners : Mr.B.Balavijayan (in all 12 W.Ps) For Respondents : Mrs.V.Usha Additional Government Pleader [Puducherry] (in all 12 W.Ps) COMMON ORDER The order impugned dated 12.09.
2017 reveals that the respondents have committed various mismanagement of finance and administrative irregularities in the matter of promotion and other related issues. The second impugned order dated 10.10.2017 reveals that show cause notice has been issued to certain employees, who had promoted irregularly and in violation of the rules in force.
2. The learned Additional Government Pleader for the respondents made a submission that during relevant point of time, the rules were not framed and subsequently, the rules are framed and yet to be published. Even in the absence of rules, an employer, who is a 'State' is expected to follow the established principles in the service jurisprudence in the matter of appointments, promotions and other benefits to be granted to the employees. Any irregularity or illegality in the matter of promotion is unacceptable. It is not as if, the competent authorities shall promote employees at their whims and fancies. Uniformity, Consistency, Rule of Seniority and Eligibility are to be followed scrupulously even in the absence of rule, which is in force. In the present case, the respondents have raised several irregularities and illegalities in the matter of promotion.
3. It is brought to the notice of this Court that some of the petitioners have already retired from service. Under these circumstance, the impugned order, which contains certain general irregularities commonly deserves no further adjudication as the respondents have initiated steps to publish the rules.
4. It is needless to state that the official respondents are bound to rectify the irregularities and illegalities occurred in the matter of promotion by following the procedures as contemplated. Illegal promotions can never be sustained and therefore, the respondents are directed to initiate all further actions to settle the promotions in accordance with the established principles in the absence of rules or in accordance with the rules, if it is published.
5. Regarding the retired employees also, the official respondents have to take steps to settle their benefits without causing any undue delay. As far as the specific grievances of the employees are concerned, the aggrieved persons are at liberty to submit their respective representation to the competent authorities along with the documents, if any for the purpose of redressal of their grievances in the manner known to law.
6. With these observations, all these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 28.10.2022 Jeni Index : Yes Speaking order To 1.The Chief Secretary, Union Territory of Puducherry, Office of the Chief Secretariat, Puducherry - 605001. 2.The Secretary to the Government-cum- Chairman of Pondicherry Market Committee, Agriculture & Forest Department, Office of the Chief Secretariat, Puducherry - 605001. 3.The Under Secretary to the Government of Puducherry, Agriculture & Forest Department, Office of the Chief Secretariat, Puducherry - 605001.
4.The Director of Agriculture, Government of Puducherry, Agriculture Complex, Puducherry 5.The Secretary, Pondicherry Market Committee, Agriculture Complex, Thattanchavady, Puducherry - 605009.
S.M.SUBRAMANIAM, J.
Jeni 28.10.2022