M V RAJAMANI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has filed two petitions. O.A. No.7293/95 converted as W.P. No.27575/06 has been filed praying to quash the revised seniority list of Assistants issued by the Addl. Director of Agriculture (Personnel Management), Directorate of Agriculture, Madras, in his proceedings MES 2/36788/95 dated 9th Nov., 1995, insofar as including the petitioner Rajamani in the seniority list of Assistants as on 15th March, 1979 at S. No.185 and to direct the respondents to include the petitioner's name in the seniority list of Assistants as on 1st July, 1973 in proper place in accordance with the decision rendered by the Tribunal in O.A. No.4889/92 dated 11th Jan., 1995. The 2nd writ petition, W.P. No.24380/04 has been filed for issuance of a writ of mandamus to direct the Commissioner of Agriculture and the Special Commissioner and the Commissioner of Treasuries and Accounts to include the petitioner's name in the panel of Superintendent fit for promotion to the post of Administrative Officer drawn for the year 2001-2002 in the Department of Agriculture in G.O. Ms. No.407 dated 12th Aug., 2004 in the proper place with due seniority and, consequently, to promote the petitioner as Administrative Officer in the Agriculture Department with all consequential benefits.

(2.) The brief facts leading to the filing of the converted W.P. No.27575/06 is that the petitioner was appointed as Junior Assistant on 21th Oct., 1970 and after completing his probation in the post of Junior Assistant on 31st Oct., 1972, he was promoted as Assistant on 19th May, 1973. Further he was also promoted as Superintendent on 27th April, 1994 in the Agriculture Department. Whileso, in the year 1986, he had preferred an appeal to the Government against the order of the Director of Agriculture regularising his service w.e.f. 1981 instead of from the date of his first appointment as Assistant, i.e., from 19th May, 1973. On 29th Aug., 1990, the Government, after considering the petitioner's appeal, allowed his appeal petition by issuing G.O. No.654 stating that the Government have carefully examined the appeal and have decided to allow it by directing the services of Rajamani as Assistant be regularised from 19th May, 1973, the date of his first appointment as Assistant with monetary benefits and also that his seniority be restored. Several original applications were filed before the Tamil Nadu Administrative Tribunal challenging the correctness of G.O. No.654. The Tribunal, while allowing O.A. No.4889/92, etc., batch, quashed G.O. No.654 dated 29th Aug., 1990 holding specifically that the case of the petitioner' should be re-examined in the light of basis indicated in the said order. On the basis of the order passed in the above said batch of O.A. Nos.4889/92, etc., dated 11th Jan., 1995, the Government issued another G.O. No.182, Agriculture, dated 24th June, 1996, cancelling the order issued in G.O. No.654, Agriculture dated 28th Aug., 1990. By doing so, the seniority of various persons like that of the petitioner were refixed and the seniority of the petitioner Rajamani has also been refixed as Assistant as on 15th March, 1979 and has been placed at S. No.185. Aggrieved by the said refixation of seniority, the present writ petition has been filed seeking to quash the revised seniority list of Assistants issued by the 3rd respondent, Addl. Director of Agriculture (Personnel Management) in his proceedings MES 2/36788/95 dated 9th Nov., 1995 insofar as including him in the seniority list of Assistants as on 15th March, 1979 at S. No.185 and for a further direction to include his name in the seniority list of Assistants as on 1st July, 1973 in the proper place in accordance with the decision of the Tribunal in O.A. No.4889/92 dated 11th Jan., 1995.

(3.) Learned Addl. Government Pleader appearing for the respondents stoutly objected the prayer of the petitioner on the ground that the refixation of seniority of the petitioner has been made only pursuant to the order passed by the Tribunal in O.A. Nos.4889/92, etc., dated 11th Jan., 1995, by issuing G.O. No.182. It was also submitted by the learned Addl. Government Pleader that the petitioner has subsequently opted for promotion as Assistant Accounts Officer in the Treasuries & Accounts Department on transfer of service basis to the Tamil Nadu State Treasury and Accounts Services permanently on 7th April, 2004. Accordingly, he was also absorbed as Assistant Accounts Officer as per proceedings of the Treasuries and Accounts Department. The case of the petitioner was also considered properly by the Secretary to Government by letter No.28919/AA-IV dated 30th April, 2008 stating that since the petitioner had already opted for permanent absorption in the Treasuries & Accounts Department and joined on promotion as Assistant Accounts Officer on 14th July, 2008, the petitioner had no lien in the Agriculture Department. Whileso, the O.A. filed in the year 1995 cannot have legal basis to stand unless the order passed by the Secretary to Government dated 30th April, 2008 is successfully challenged.