C HARRIS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners are working as Drivers-Mechanics in Tamilnadu Fire Service Department. THE next avenue of promotion is Station Officer (Transport). THE grievance of the petitioners in the present writ petition is that consequent to trifurcation of Tiruchirapalli District in G.O.Ms.No.913, Revenue Department dated 30.9.1995 and when a direction was issued in G.O.Ms.No.1485 Home (Police XVII) Department dated 4.10.1996, for creation of Divisional Fire Offices at three districts namely, Trichirapalli, Karur District with Head quarters and Perambalur District with Head quarters, Perambalur District, one post of Station Officer (Transport) and two posts of Fireman orderlies in the existing Tiruchirapalli Division were surrendered. According to the petitioners surrendering of the above said posts cannot be made by executive instructions. It is further submitted that there was absolutely no justification warranting surrender of the posts which would affect the promotional chances of the petitioners. THE respondents have filed a detailed counter affidavit justifying their action of surrendering the above said posts.

(2.) HEARD the learned counsel for the parties and perused the materials available on record.

(3.) THE above legal position has been affirmed in a recent judgment in Indian Drugs & Pharmaceuticals Ltd. vs. Workmen, Indian Drugs & Pharmaceuticals Ltd. reported in (2007) I Supreme Court Cases 408 at paragraph 37,"that creation and abolition of posts and regularisation are purely executive functions vide P.U.Joshi v. Accountant General reported in (2003) 2 Supreme Court cases 632 : 2003 SCC (L&S) 191. Hence, the court cannot create a post where none exists. Also, we cannot issue any direction to absorb the respondents or continue them in service, or pay them salaries of regular employees, as these are purely executive functions. This court cannot arrogate itself the powers of the executive or legislative. THEre is broad separation of powers under the constitution, and the judiciary, too, must know its limits.".