LAWS(MAD)-2016-11-175

M.K. STALIN, LEADER OF OPPOSITION AND MEMBER OF LEGISLATIVE ASSEMBLY (KOLATHUR CONSTITUENCY), 25/9 CHITHARANJAN SALAI, CENOTAPH ROAD, ALWARPET, CHENNAI 600 018 Vs. THE SECRETARY, TAMIL NADU LEGISLATIVE ASSEMBLY, SECRETARIAT, FORT ST. GEORGE, CHENNAI 600 009

Decided On November 23, 2016
M.K. Stalin, Leader of Opposition and Member of Legislative Assembly (Kolathur Constituency), 25/9 Chitharanjan Salai, Cenotaph Road, Alwarpet, Chennai 600 018 Appellant
V/S
The Secretary, Tamil Nadu Legislative Assembly, Secretariat, Fort St. George, Chennai 600 009 Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to S.O.Ms. No. 108, Legislative Assembly Secretariat, dated 22.08.2016, whereby the fifth respondent, who was appointed as a Special Personal Assistant to the petitioner herein, was repatriated back to the Secretariat Services, downgrading to the post of Personal Assistant and to direct the first respondent to place the fifth respondent status-quo ante, in terms of S.O.Ms. No. 104, dated 08.08.2016, as Special Personal Assistant to the Leader of Opposition.

(2.) The brief facts, which are necessary for the disposal of the above writ petition, are as follows:-

(3.) The Leader of Opposition has certain privileges in the House prescribed by the Rules made from time to time. One of the privileges is that the Leader of Opposition is entitled to have a Personal Assistant appointed. The said post was created, vide G.O.Ms. No. 2784, Public Department, dated 10.12.1970 and was extended from time to time and finally vide S.O. No. 450 dated 08.07.2016 issued by the first respondent, the post has been continued up to 30.06.2017.