B RAJASEKARAN Vs. PRINCIPAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioners seek for the issuance of writ of mandamus directing the respondents, in particular the first respondent, to re-fix the seniority of the petitioners by calculating the entire service of the petitioners including the service rendered by them in their parent Department as per Rule 7 of the Special Rules for Tamil Nadu Basic Services and by applying the Division Bench decision of this Court dated 02.07.2007, passed in W.P.No.21462 of 2007. THE petitioners also seek for all consequential benefits including monetary as well as promotion on par with their juniors.

(2.) THE necessary facts which are required to be stated are that the petitioners were originally appointed in the Highways Department in the years 1982 / 1985. THE policy of the Government in respect of appointment of Office Assistants was stated to be in the ratio of 1:15 i.e. for every 15 Ministerial Staff, one Office Assistant has to be appointed. According to the petitioners since they were found surplus in the Highways Department, their services were surrendered to the second respondent and that the second respondent redeployed them to the services of the first respondent. THE petitioners were all relieved from the Highways Department on 31.10.2002 and on the same day afternoon, they joined the office of the first respondent. THEy were all issued with the order of appointment along with certain other persons by the first respondent on 28.10.2002.

(3.) THE second respondent also contended that by virtue of Rule 7 of the Tamil Nadu Basic Service Rules, any person absorbed in other departments due to change in the Government policy, their services should be fixed with reference to their appointment in the former department. THE second respondent would therefore support the claim of the petitioners and state that the services rendered by them in the Highways Department should be taken into account while drawing their seniority in the Judicial Department.