N DWARAKADAS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners have filed the present writ petitions for issuance of writs of mandamus, seeking a direction being issued to the respondent to implement the order of this Court dated 21.4.2006 passed in W.P. Nos.7971, 11779, 11780, 19938, 24951, 29471, 20328 of 2004 and 1393 to 1399 of 2005 and to quash the order of the Tamil Nadu Administrative Tribunal, Chennai in O.A. No.3643 of 1999 dated 12.1.2004.

(2.) THE petitioners have been appointed in the Secretariat service and included in the one unit as per G.O.Ms.No.70 Public Service Department dated 17.1.1961 and got themselves qualified. Their Association though taken steps, the respondent treated the staff of the Finance Department as a special child and discriminated the staff of the other departments otherwise. Consequently, a person, who is far junior to them, has secured promotion by leaps and bounds and ultimately retired as Joint Secretary to the Government. In O.A. No.166 of 1990, before the Tribunal, seeking parity in promotion, an order dated 16.4.1993 has been passed to formulate amendment to special Rules. The respondent passed G.O.Ms.No.30 P and AR (D Department) dated 28.1.1994 giving retrospective effect from 5.6.1970, the date of panelization along with Finance Department cadres. A review application filed by the respondent has been rejected.

(3.) ACCORDING to the petitioners, their prayer in O.A. No.166 of 1990 is in accordance with the directions given in G.O.Ms.No.30 P and A.R. (D) Department dated 28.1.1994. On the date of the said G.O., the petitioners have been in service and hence it is their plea that the panel should be modified as on 5.6.1970. It is not the intention of the Tribunal to confirm benefits upon only two applicants and as a matter of fact, the subsequent G.O.Ms.No.126 P and A.R. (U.Spl. Department) dated 29.5.1998 has not enforced the real spirit of the order of the Tribunal and the tenor of the G.O.Ms.No.30 P and A.R. (D) dated 28.1.1994.