R MUTHURKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) IN W.P.No.31634 of 2007, the petitioner seeks for a direction to revise the date of his promotion as well as his seniority in the cadre of Labour Officer on the basis of revised seniority list of Deputy INspectors of Labour issued on 07.06.2007. That Writ Petition was admitted on 15.11.2007. Pending the Writ Petition, in the application for interim injunction, this Court held that unless the petitioner succeeds in the main Writ Petition, he cannot get any interim orders. Subsequently, the respondents 3 to 6 got themselves impleaded in M.P.No.2 of 2007 as party respondents to the Writ Petition. The respondents 3 to 6 in M.P.No.1 of 2008 seeks for clarification in the interim order passed by this court. This Court held that the order does not susceptible for any vagueness and it does not require any clarification and it was dismissed with a direction to the official respondents to take a decision on their own. On notice from this Court, a counter affidavit dated 27.5.2008 was filed by the official respondents.

(2.) IN the meanwhile, the 2nd Writ Petition was filed by one A.Rajaram, who is an Assistant INspector of Labour-VI, Thirunelveli seeking to challenge a memo dated 16.4.2004 and after setting aside the same seeks for a direction to redraw the seniority list in the cadre of Assistant INspector of Labour as on 1.4.1984 and to refix his seniority within the admitted substantive vacancies of 241 as on 01.04.1984, more specifically at S.No.207 above Thiru K.Kadirvelu and below C.Poosai Pandian by applying the quota rota rule contained in the special rules and in accordance with the order of the Tamil Nadu Administrative Tribunal dated 12.11.2001 in O.A.No.685/91 & batch as confirmed by this court in its order dated 23.01.2004 in W.P.No.41427 of 2002 & batch with all consequential benefits such as promotion etc., including monetary benefits. That Writ Petition was admitted on 13.12.2007. Pending the Writ Petition, a detailed counter affidavit was filed by the official respondents dated 30.3.2009 together with supporting documents.

(3.) ONE Rajaram, the petitioner in the 1st Writ Petition and 13 others filed a Contempt Petition before this Court in C.P.No.651 of 2005. The Contempt Petition was dismissed on 25.1.2006. As against the order of the Division Bench, SLP was filed before the Supreme Court in SLP ) No.11561 of 2006. In the meanwhile, a revised seniority list of Deputy Inspectors of Labour was communicated by the Commissioner of Labour on 7.6.2007. In that order, it was indicated that the revision of seniority is subject to the orders passed by the Government in the appeal and subject to the orders passed by the High Court in W.P.No.20953 of 2004 and subject to the outcome of the SLP.