P B SRINIVASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners have come forward with this petition challenging the order of the third respondent dated 14.09.2009 in Na.Ka.No. Pa Pe 5(1)/418/67284/2009, with a prayer to quash the same and consequential direction to the respondents 1 to 3 herein to revise the seniority of the petitioners in the post held by them by taking into consideration the date of initial appointment as the crucial date for preparation of 'C' list for further or subsequent or any promotion with consequent revision of pay scale with all attendant benefits on par with their juniors.

(2.) THE learned counsel for the petitioners submitted that the petitioners sought for the relief of fixing the seniority, as per the seniority fixed in respect of the similarly placed persons, by making representations to the respondents dated 21.08.2009, 24.08.2009 and 25.08.2009 respectively, but the said representations have been rejected mainly on the ground that the petitioners have not obtained any direction or order from the Court. It is pointed out by the learned counsel for the petitioners that the petitioners are similarly placed persons as that of the petitioners in W.P.No.25043/2002, wherein a Division Bench of this Court passed an order dated 18.09.2007, directing the authorities to re-fix the seniority in respect of those similarly placed persons. It is further pointed out that in other batch of similar matters, this Court passed an order dated 02.07.2009 in W.P.Nos.4155 to 4161/2009, directing the authorities to consider the representation of the said petitioners in the light of the Division Bench order of this Court dated 18.09.2007 in W.P.No.25043/2002 and as contemplated in G.O.Ms.No.1623, Home (Police-V) Department 12.12.2008. It is also brought to the notice of this Court that in yet another similar matter, this Court passed an order dated 07.07.2010 in W.P.Nos.14447 & 14448/2010, granting similar relief to the similarly placed persons in the light of the Division Bench order and other earlier orders passed by this Court. THErefore, it is contended that the petitioners, being similarly placed persons as that of the petitioners in other matters, cannot be deprived of their entitlement to seek the relief of re-fixing their seniority in the light of the Division Bench order of this Court dated 18.09.2007 in W.P.No.25043/2002.

(3.) IT is pertinent to note that in respect of other similarly placed persons, this Court passed an order dated 02.07.2009 in a batch of writ petitions in W.P.Nos.4155 to 4161/2009, giving similar relief to the said persons by directing the respondents to consider their representations in the light of the Division Bench order of this Court dated 18.09.2007 in W.P.No.25043/2002 and its implementation as per G.O.Ms.No.1623, Home (Police-V) Department dated 12.12.2008. In yet another matter, another learned Single Judge of this Court, by the order dated 07.07.2010 in W.P.Nos.14447 & 14448/2010, has given the similar relief in the light of the Division Bench order and other orders and observed as hereunder: ?3. In respect of similarly placed persons, an order was passed by the Division Bench of this Court on 18.9.2007 in W.P.No.25043 of 2002. The said order was implemented by the Government in G.O.Ms.No.1623, Home Department dated 12.12.2008. 4. Following the aforesaid orders, I disposed of a few writ petitions on 29.01.2009 in W.P.Nos.1744 to 1746 of 2009 etc. batch. Another learned Judge also passed similar orders on 25.6.2009, after which the respondents issued proceedings dated 06.7.2009, implementing the orders passed by this Court and revising the seniority of those petitioners. 5. When the petitioners herein made representation for revision of their seniority on the ground that they are similarly placed, the second respondent herein had issued the impugned communication stating that the petitioners herein are not covered by any Court order. Therefore, the petitioners have come up with this writ petition.