HIGH COURT Vs. R PERIASWAMY

JUDGEMENT

(1.) THE Registrar, High Court, Madras, is the appellant in this case. 2. THE short facts leading to the writ appeal are as under: THE first respondent is a Law Graduate. He was working as an Assistant in Tamil Nadu Electricity Board. In the year 1979 he was selected to act temporarily as Judicial Second Class Magistrate, by an interview conducted by two of the Judges of this Court. THE Government of Tamil Nadu passed, G.O.Ms.No. 810. Home (Courts -I) Department, dated 25th March, 1986 to the following effect: "Under Rule 13(1) (e) of the Tamil Nadu State Magisterial Service Rules, the Governor of Tamil Nadu hereby terminates the temporary service of Thiru R.Periaswamy as Temporary Judicial Second Class Magistrate in the Judicial Department in the Tamil Nadu State Magisterial Service and direct that he be reverted to the parent department.

(2.) THE Registrar, High Court, Madras is requested to revert Thiru R.Periaswamy to his parent department viz., Tamil Nadu Electricity Board, Salem. Pursuant to this, the appellant passed Notification No. 10/85 (R.O.C.No. 2456/85 R.1) dated 3-4-1986 reverting the first respondent to his parent department with effect from the date of service of the notification. It was under these circumstances, the first respondent herein preferred Writ Petition No. 4825 of 1986 to quash G.O.Ms.No. 810 Home (Courts-I) Department, dated 25-3-1986 and the consequential notification is issued by the appellant i.e., Notification No.10/86, dated 3-4-1986.

(3.) THIS contention has come to be accepted by the learned single Judge, stating that the respondent No.1 had been singled but for this hostile treatment since there were juniors who have been retained in Service and therefore, there is a violation of Articles 14 and 16(1) of the Constitution. In holding so, the learned Judge relied on Manager, Government Press and another v. Belliappa, A.I.R. 1979 S.C. 429.