K. BALAKRISHNAN Vs. DEPUTY SECRETARY TO GOVT

JUDGEMENT

(1.) THIS Writ Appeal has been preferred by the appellant, being aggrieved against the order passed by a learned single Judge of this Court, by which the writ petition filed challenging the impugned orders passed by respondents 1 and 3 were upheld.

(2.) THE learned counsel appearing for the appellant would submit that he has been promoted to a supernumerary post, pursuant to the directions given by the Tamil Nadu Administrative Tribunal, in O.A.No.2061 of 1990. The said order of the Tribunal had become final and was given effect to. Therefore, under those circumstances, an unilateral order passed by the 1st respondent, based upon an audit objection and without affording any opportunity to the appellant, cannot be sustained in the eye of law.

(3.) ADMITTEDLY , the appellant has not been given any opportunity to put forth his case. Even though the orders impugned are inter-departmental communications, the appellant was consequently affected, as there was reduction in his pension. The said action on the part of respondents 1 to 3 has got civil consequences. Therefore, the appellant has got every right to challenge the said proceedings, but for which there would not have been any reduction in the pension.