S PONNUSAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE Writ Petitions relate to the absorbtion of Engineers of Highways Department and Agricultural Engineering Department in the Rural Development Department of theGovernment of Tamil Nadu and the question involved is as to whether deputationists who continue to have their lien in their parent department are entitled for absorption in the Borrowing Department in the absence of a provision in the statutory rules framed under Article 309 of the Constitution of India.

(2.) SINCE the issue involved in all these Writ Petitions are similar in nature and as the challenge was very much in relation to the Government order in G.O.Ms.No.15 dated 25.01.2000, the Writ Petitions were taken together and are being disposed of by this common Judgment.

(3.) THE background facts in all these Writ Petitions are more or less similar and the ultimate relief claimed is to absorb them in the Rural Development Department. THErefore, we are of the view that the facts as found in W.P.Nos.28434/2004 and 31619/2004 would project the contentions raised in all these Writ Petitions. THE facts of the case as found in W.P.No,23942/2004 and W.P.No,3162/2005 would be dealt with separately. W.P.Nos.28434 and 23072 of 2004:- Petitioner's contention:-