C K SUBRAMANIAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The challenge in this Writ Petition is to the order of the Tamil Nadu Administrative Tribunal dated 19-11-1998 dismissing the petitioners' Original Application in O.A.No.6940 of 1993. In the said O.A., the petitioners challenged the order of the second respondent, dated 21-10-1993 in and by which, the petitioners were reverted as Special Cholera Workers and posted as Multi Purpose Health Assistants from the date of the order in the respective places.

(2.) The brief facts leading to the filing of the above said O.A. are, that, pursuant to the introduction of Cholera Control Programme in 1971, the posts of Special Cholera Workers and Cholera Supervisors were created. The petitioners came to be appointed as Special Cholera Workers in the year 1971-72. The method of appointment to both the posts was by direct recruitment. By G.O.Ms.No.1848, dated 21-9-1988, appointment to the post of Cholera Supervisor was provided by promotion from among the posts of Special Cholera Workers; or by direct recruitment by transfer from any other service; or by direct recruitment if no qualified candidate was available from any of the above methods. The petitioners came to be promoted as Cholera Supervisors by proceedings dated 15-3-1989 on the footing that they were senior most persons among the Special Cholera Workers.

(3.) Be that as it may, the Multi Purpose Health Workers Scheme was sanctioned in G.O.Ms.No.1936 dated 29-9-1982. As the said Scheme was under challenge, the implementation could be made only from 4-11-1988 by proceedings dated 12-10-1989 of the second respondent. By virtue of the said Scheme, the petitioners who were posted as Cholera Supervisors were absorbed as Multi Purpose Health Supervisors. Thereafter, an original Application came to be filed by Ms.S.Srinivasan and 29 others before the Tamil Nadu Administrative Tribunal in O.A.No.635 of 1991 challenging the seniority of the petitioners herein. The said O.A.635 of 1991 came to be disposed along with certain other O.As. by the Tribunal in its order dated 30-6-1993. The petitioners were the respondents 3 to 7 in O.A.No.635 of 1991. The Tribunal in its order dated 30-6-1993, has ultimately held as under: