CHENNAI METRO WATER SUPPLY Vs. A.PARANJOTHI

JUDGEMENT

(1.) Review Applications have been filed against the common judgment of this court dated 31.08.2015 made in W.A. Nos.1157 and 1158 of 2015, by which we declined to interfere with the orders the learned single Judge dated 19.06.2014 made in W.P. No.4781 of 2014 and order dated 02.03.2015 made in W.P. No.21722 of 2014, impugned in the writ appeals.

(2.) After the dismissal of the writ appeals, the petitioner herein had preferred Special Leave Petitions before the Hon'ble Supreme Court and after obtaining liberty from the Hon'ble Supreme Court vide order dated 26.10.2015 passed in SLP (C) No.29369 and 29533 of 2015, challenging the very same common judgment, these review petitions have been filed.

(3.) The main grounds on which the common judgment assailed in these review petitions are that, the petitioner Board vide its Resolution No.124/2004 dated 16.08.2004 has resolved to implement automatically any amendment to the rules regarding the estimation of vacancies and preparation of panel for promotion to the Tamil Nadu State Government Servants issued by the Government of Tamil Nadu from time to time to the Board employees; that at the time of hearing writ appeals, the petitioner was unable to explain properly, the effect of the Board Resolution No. 124/2004 dated 16.08.2004, the rules regarding the estimation of vacancies and preparation of panel for promotion to Tamil Nadu State Government Servants Issued by the Government of Tamil Nadu from time to time to the Board Employees by G.O/Circular/instructions, are automatically applicable to the employees of the Board and that no formal amendment/adoption is required to be made by the petitioner Board; that after the pronouncement of judgment of this Hon'ble Court in DIG of Police v. V.Rani and others reported in (2011) 3 CTC 1 29 , which struck down the prevailing circulars/instructions, for preparation of panels as not having been supported by statutory provision, the Government of Tamil Nadu issued G.O. Ms. No.22 Personnel and Administrative Reforms (S) Department dated 24.02.2014, which brought about amendments to the Tamil Nadu State and Subordinate Service Rules retrospectively, to various Government Orders and instructions issued from time to time, to ensure that the legal validity of the processes and procedure already, in place are not disturbed and proper legal sanctity is continually provided for the preparation of approved lists and consequent promotions in force; that the concept 'check period' has been given statutory backing in view of G.O. Ms. No.22, and promotions to officials cannot be made during the check period, after the imposition of the punishment. According to the petitioner, it is pertinent to note that the clause is given retrospective effect from 27.08.2003; that the case of the respondents in both the review applications is squarely covered by the aforesaid G.O. Ms. No.22 and the learned single Judge applied earlier judgment of a Hon'ble Division Bench of this court in DIG of Police vs. V.Rani and others, which no longer applies to the case of the respondent and granted him relief; that an incorrect precedent has been set due to failure of the counsel to point out the Board's Resolution dated 16.08.2004, which in effect, will open floodgates of litigation, by past and present employees of the Board seeking parity with the respondent and upsetting the process and procedure, which were already taken place over a long period of time defeating the very purpose, for which G.O. Ms. No.22 was issued by the Government of Tamil Nadu. Heard the learned counsel for the parties and perused the materials available on record.