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2001 DIGILAW 250 (SC)

Tamil Nadu Health Officers Asson v. State of Tamil Nadu

2001-02-01

K.G.BALAKRISHNAN, V.N.KHARE

body2001
ORDER : V.N. Khare, J. The appellant herein is an Association of Health Officers employed in various Municipal Boards in the State of Tamil Nadu. By Circular dated 29.8.1990, the Director of Municipal Administration abolished the posts of Health Officers in all the Municipalities of the State. The appellant filed an Original Application challenging the Circular dated 29.8.1990 before the Tamil Nadu State Administrative Tribunal, Chennai. Along with the said O.A., the appellant filed an application for grant of interim order. The Tribunal granted interim order as prayed for and thus all the Health Officers continued to work. Subsequently, the O.A. came up for hearing. An administrative member sitting singly dismissed the application filed by the appellant. It is against the said order, the appellant-Association has preferred this appeal. This Court while entertaining this appeal granted interim order to the members of the appellant-Association. 2. It is not disputed by the respondents that the single Administrative Member was not competent to decide the original application filed by the appellant herein. On this short ground, the appeal deserves to be allowed. Consequently, the order and judgment under challenge is set aside and the case is sent back to the Tribunal for deciding the original application filed by the appellant on merits. The appellant may renew its prayer for grant of interim order before the Tribunal, if it is so advised. The appeal is allowed. There shall be no order as to costs.