LAWS(MAD)-2008-7-62

J DORAISAMY Vs. STATE OF TAMIL NADU

Decided On July 02, 2008
J. DORAISAMY Appellant
V/S
STATE OF TAMIL NADU REP. BY THE SECRETARY TO GOVERNMENT AND OTHERS Respondents

JUDGEMENT

(1.) THE petitioner has stated that he was, initially, selected for appointment to the post of Veterinary Assistant Surgeon, through the Tamil Nadu Public Service Commission, on merits and he had joined service on 12.1.1968. He was directly recruited to the post of Disease Investigation Officer, in the cadre of Assistant Research Officer, in the year 1971 and he was further promoted to the post of Research Officer, on 20.3.1978. THEreafter, he was promoted to the post of Senior Research Officer in the year, 1986 and he has been working as such from 28.7.1986.

(2.) THE petitioner has further stated that the post of Senior Research Officer is a feeder category for appointment to the post of Director, Institute of Veterinary Preventive Medicine, Ranipet, as per the special Rules for Tamil Nadu Animal Husbandry Service revised and re-issued in G.O.Ms.No.1930, Agriculture, dated 8.10.1987. Since the petitioner was not fully qualified for appointment by promotion to the post of Director, Institute of Veterinary Preventive Medicine, Ranipet, as per the said special Rules, the second respondent had requested the first respondent to relax the special Rules in favour of the petitioner for being promoted to the post of Director, Institute of Veterinary Preventive Medicine, Ranipet, as there was no other person qualified for such promotion, after the post had fallen vacant. THE Government, after careful consideration, was pleased to pass an order in G.O.Ms.No.1063, dated 20.5.1988, accepting the request of the second respondent and promoting the petitioner as Director, Institute of Veterinary Preventive Medicine, Ranipet, in category 2 of Clause II of Tamil Nadu Animal Husbandry Service, with effect from the date of the petitioner taking charge of the post. Following the said Government order in G.O.Ms.No.1063, dated 20.5.1988, a notification had also been published in the Tamil Nadu Government Gazette and the petitioner had taken charge of the promoted post, on 25.5.1988. While so, the first respondent had passed an order in G.O.Ms.No.165, dated 22.8.1995, reverting the petitioner from the post of Director to the post of Senior Research Officer. By the same order, the third respondent had been promoted to the post of Director, in the light of the order passed by the Tamil Nadu Administrative Tribunal. In such circumstances, the petitioner has filed an original application in O.A.No.5195 of 1995, which has been transferred to this Court and renumbered as W.P.No.20378 of 2006.

(3.) RECORDING the submissions made in the said communication of the Commissioner of Animal Husbandry and Veterinary Services, Chennai, dated 30.6.2008, the writ petition stands closed as no further orders are required to be passed in the writ petition. No costs.