STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT Vs. R. RAMASAMY REGIONAL DEPUTY DIRECTOR OF TAMIL DEVELOPMENT

JUDGEMENT

(1.) THIS writ appeal is filed against the order made in W.P.No.31064 of 2005 dated 08.12.2010 allowing the writ petition filed by the respondent with a direction to confer notional promotion to the post of Director,Tamil Development Culture Department from the date on which his junior one Selvaraj was promoted i.e from 28.01.2011 with all monetary and other benefits due to him by passing necessary orders, which shall be complied with, within a period of eight weeks.

(2.) THE case of the respondent before the learned Single Judge was that he was appointed as Project Officer in the erstwhile Tamil Culture Department on 21.05.1979 which was merged with the Tamil Development Department in the year 1980 and after the constitution of the said Tamil Development and Culture Department, he was transferred along with the post as Project Officer. The petitioner has passed Ph.D. in the year 1983 in History and Archaeology, based on his research in "Tamil Inscription and literature".

(3.) THE Central Administrative Tribunal, by order dated 03.07.2002 set aside the Government Order issued in G.O.Ms.No.36 dated 25.02.1998 and directed the Government to reconsider the claim of the respondent to the post of Director of Tamil Nadu Development Department. The said order was challenged before this Court in W.P.No.5647 of 2003 and a Division Bench of this Court dismissed the writ petition by order dated 24.02.2003. Thereafter, the Government rejected the request of the respondent by issuing G.O.Ms.No.219, Tamil Development, Culture and Religious Endowment Department dated 28.10.2003, which was challenged on various grounds including the order which is in violation of findings made in W.P.No.5647 of 2003 dated 24.02.2003.