P JAWAHAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the learned counsel appearing for both sides for some time.

(2.) In respect of the issue as to whether the incumbents who were part of Special Task Force involved in killing of the notorious forest brigand Veerappan and his gang, and were given 'one stage accelerated promotion' by executive orders, can claim consequential seniority in the accelerated promotional post over their senior lower category and also with regard to the validity of G.O.Ms.No.1396 Home Department dated 03.10.2007, a Division Bench of this Court, earlier, passed a common judgment in W.A.Nos.849 to 854 of 2010, etc.batch, dated 05.04.2013, in which it has been observed as under:-

(3.) The persons who had worked in the task force had been given one time accelerated promotion, irrespective of the cadre. But the earlier Division Bench judgment of this Court, as extracted, is to the effect that the original seniority should not be disturbed. In this connection, in the order passed by the learned single Judge which is under challenge in these appeals, a direction was given to the official respondents to proceed ahead to fill up all the vacancies by way of preparing a final seniority list as per the existing Rules, without reference to the accelerated promotion, with a further observation that the same is subject to the result of the pending writ petitions. According to the learned senior counsels appearing for the appellants in these writ appeals, it is in total negation of the service jurisprudence. However, it is also submitted that some of the persons have been given promotion out of turn, on the basis of the earlier Government Order, wherein they have been given one time accelerated promotion. Further, it is submitted that regular promotions were also given in addition to the accelerated promotion.