P RATHINAVELU Vs. G M ALGARSWAMY

JUDGEMENT

(1.) The writ petition comes up for de novo consideration of its maintainability and the petitioner's claim for issue of a rule.

(2.) Consequent on the passing of G. O. Ms. No. 31, Public (Special-A) Department, dated Jan. 11, 1984, by the Government of Tamil Nadu, a vigilant citizen, who is the General Secretary of the Tamil Nadu Forum of Public Affairs, has filed this petition under Art.226 of the Constitution praying for the issue of a Writ of quo warranto. The petition came up for orders on 16-2-1984 and notice was ordered to the respondents returnable by 27-6-1984, but subsequently, the forwarding of the notice was deferred pending further specific directions. There being no further directions. The Hon'ble The Chief Justice has directed this petition to be posted for admission before the regular Court dealing with writ petitions. A rule nisi not having been issued, the petition has to be treated as coming for admission afresh before me. On that basis, I heard the arguments of the learned counsel for the petitioner.

(3.) Under the impugned G. O., the Government accorded sanction to the creation of a temporary post of Commissioner and Secretary to Government, Legislative Assembly Department, on a fixed pay of Rs. 2,500/- per mensem and special pay of Rs. 250/- per mensem besides eligibility to draw dearness allowance, house rent allowance, city compensatory allowance and other allowances as admissible under the State Rules. The posting of the first respondent was notified as Under :-