G DURAIKANNU Vs. TAMIL NADU ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE three petitioners have challenged the common order dated 13. 1. 2003 passed by the Tamil Nadu Administrative Tribunal in O. A. Nos. 6539 of 2002 and 191 of 2003. O. A. NO. 6539 of 2002 had been filed by the present petitioners 2 and 3 along with another person. O. A. No. 191 of 2003 was filed by the present petitioners.

(2.) DURING pendency of the writ petition, the first petitioner has expired.

(3.) THE facts giving rise to the present writ petition are as follows: -Before 1995, Chengalpattu was a single unified district of which Saidapet was one Taluk. However, in 1995, Chengalpattu was bifurcated into Kancheepuram and Thiruvallur Districts and erstwhile Saidapet Taluk was bifurcated as Tambaram and Ambathur Taluks. The petitioners are all natives of Tambaram Taluk by birth. Respondent Nos. 3 and 5 are natives of Pallipattu Taluk and Thittakudi Taluk in Tiruvallur and Cuddalore Districts and Respondent No. 4 is native of Villupuram District by birth. The question relates to transfer and posting of various Village Administrative Officers. According to the petitioners, the question of posting and transfer of Village Administrative Officers is to be guided by G. O. Ms. No. 864 dated 10-8-1992. As per the aforesaid G. O. , the Village Administrative Officers are required to be posted in their native taluks and if sufficient posts are not available in their native taluks, such persons are to be posted in the nearby taluks. After bifurcation of Saidapet Taluk, the petitioners were posted in different taluks and not in Tambaram Taluk. In July, 2002, in course of general transfer, the second petitioner was transferred from Chembakkam to Nallambakkam and the third petitioner was transferred from Manamei to Arambakkam by order dated 19. 7. 2002. However, representations were filed by the petitioners indicating that they should have been posted in their native taluk of Tambaram as per G. O. Ms. No. 864. Such representations were considered and the present second respondent issued fresh orders dated 25-7-2002 posting the second petitioner to Perumbakkam Village and third petitioner to Agaram Then Village in Tambaram Taluk. While the matter stood thus, the respondents 3 to 5 filed representation claiming that they should also be considered as natives of Tambaram Taluk as they had worked in such Taluk for more than five years and on the basis of such representation, the Commissioner for Revenue Administration sent letter dated 25. 10. 2002 indicating that the representation of the respondents 3 to 5 was justified on the basis of G. O. Ms. No. 2388 dated 27. 11. 1990. On the basis of such recommendation, Respondent Nos. 3 to 5 were posted in the places to which the petitioners had been posted. However, no order of posting had been issued to the petitioners at that stage. The petitioners 2 and 3 filed O. A. No. 6539 of 2002 along with another Village Administrative Officer praying for a direction to the respondents not to consider the question of nativity on the basis of place of continuous work, but to consider the question of nativity on the basis of place of birth. However, since the order dated 24. 12. 2002, transferring the respondents 3 to 5 to the villages wherein the petitioners had been posted, had been passed, fresh O. A. No. 191 of 2003 has been filed by the present petitioners. When such matter came up for admission on 13. 1. 2003, the Tribunal dismissed the said O. A. , along with O. A. No. 6539 of 2002. The present writ petition is directed against the aforesaid order.