V VALLINAYAGAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE validity of the District Level Committee consisting of two members alone and the orders passed by them canceling the community certificate issued to various individuals, is the core issue in all these writ appeals. THE batch of cases underwent a few hearings before us. During those hearings, we expressed our views in certain areas and requested the learned additional Advocate General to find the response from the Government. Today, the learned Additional Advocate General produced before us a "copy of G.O. Ms. No 111 dated 6.7.2006. Under the said Government order, a District Level Committee consisting of three members, which would be in accordance with the law laid down by the Supreme court in the case reported in (1997) 5 SCC 437 ( Madhuri Patil v. Additional Commissioner, Tribal Development ), is placed before us,. THE Government Order is recorded. In addition to the Government Order, the learned Additional Advocate General also produced before us a letter in Ref. No. 7361/ADV-10/01-55 dated 6.7.2005 stating that the Government, on principle, has agreed to remand all the cases to the committee to be newly appointed in terms of G.O. Ms. No. 111 dated 6.7.2005. Both the proceedings are recorded. Post the Writ Appeals on 26.7.2005.

(2.) THEN a question arose, i.e., if all the orders by which the community certificates have been cancelled are set aside on the sole ground that the said cancellation orders have come to be passed by a committee not properly constituted what should follow namely, whether the concerned employee should be reinstated with or without backwages" Learned Additional Advocate General would submit that "Status Quo" as on date namely, being out of employment, shall be maintained till such time the remanded cases are decided by the committee to be newly constituted as per the Government Order referred to above. In other words, according to the learned Additional Advocate General, reinstatement in service can await the final orders of the District Level Committee to be newly constituted. On the contra, the respective learned counsel appearing for the various employees would submit that once the dismissal order is based on the cancellation of the community certificate and if such cancellation is set aside by this court, then it is deemed that the dismissed employees continue to be in service from the date of dismissal with all attendant benefits.