V SASITHARAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner in W. P. No. 19967 of 1994 is a practising advocate in this Court. According to him, the writ petition has been filed by him without any motive against the respondents and the same has been filed in good faith in order to safeguard the constitutional provisions, judicial principles and public justice. The prayer in this writ petition is to issue a writ of quo-warranto to the 4th respondent Thiru N. Haribaskar as to in what capacity he is holding the office of Chief Secretaryship and discharging its functions, after November 30, 1994.

(2.) W. P. No. 20297 of 1994 is filed by Mr. K. Rajaram, former Speaker of the Tamil, Nadu Legislative Assembly, former Member of Parliament and a former Minister of the Government of Tamil Nadu challenging the extension of service given to Thiru N. Haribaskar, Chief Secretary to the Government of Tamil Nadu. According to him, the Chief Minister of Tamil Nadu overlooking the constitutional provisions and the Tamil Nadu Government Business Rules and the Secretariat Instructions, 1978, has extended the service of Thiru N. Haribaskar for six months from November 30, 1994. Likewise, under (G. O. Rt. No. 1876, Public (Special A) Department, dated May, 29, 1995, his services were extended for a further period of seven months i. e. , upto December 31, 1995. The prayer in the writ petition, as amended by order dated November 10, 1995 in W. M. P. No. 24518 of 1995 is as follows To issue a writ of quo-warranto calling upon the 1st respondent Thiru N. Haribaskar to show cause as to under what authority he holds the office as Chief Secretary of the Tamil Nadu Government purporting to act under G. O. Rt. NO. 4297, Public (Special A) Department, dated November 25, 1994 extending his tenure of service by six months and the subsequent order granting further extension of seven months to the 1st respondent Thiru N. Haribaskar.

(3.) THE petitioner in W. P. Nos 20454 and 20455 of 1994 is a law graduate and a social worker connected with various political and social organisations in the State of Tamil Nadu. He states that he is essentially interested in seeing that the administration in the State of Tamil Nadu is being run in strict conformity with the Constitution of India. Therefore, he is entitled to file the writ petitions questioning the act of extension of service to the Chief Secretary Thiru N. Haribaskar. The amended prayer in W. P. No. 20454 of 1994 is to issue a writ of quo warranto calling upon the 1st respondent Thiru N. Haribaskar to show cause as to under what authority he holds the office of Chief Secretary of Tamil Nadu purporting to act under G. O. Rt. No. 4297, Public (Special A) Department dated November 25, 1994 extending his tenure of service by six months and the subsequent order granting further extension of seven months to the 1st respondent. The prayer in W. P. No. 20455 of 1994 is to issue a writ of certiorari calling for the records of the 4th respondent in G. O. Rt. No. 4297, Public (Special A) Department, dated November 25, 1994 and the further extension of seven months and quash the same.