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2010 DIGILAW 4227 (MAD)

The Secretary to Govt. of Tamil Nadu Department of School Education, Chennai v. M. Nirmala

2010-09-20

M.Y.EQBAL, T.S.SIVAGNANAM

body2010
Judgment :- THE HONBLE THE CHIEF JUSTICE & T.S. SIVAGNANAM, J. 1. These batch of appeals have been filed by the Government as well as private parties against the common order dated 08.04.2009 in W.P.No.24947 of 2007 etc batch and by consent they are heard and disposed of by a common order. 2. After hearing the submissions of the learned Additional Advocate General appearing for the appellant State, the other learned counsels appearing for the private parties as well as the learned counsel appearing for the respondents a consensus was arrived at among all the learned counsels to the proposal given by the learned Additional Advocate General and in view of such consensus, the writ appeals are disposed of accordingly. 3. For the purpose of disposal of these appeals, the facts which are necessary are that the respondent in the above writ appeals filed writ petitions claiming State wide seniority in the department of Public Libraries contending that as per the directions of the Tamil Nadu Administrative Tribunal and the Honble Supreme Court, the Government should have created supernumerary posts to accommodate seniors and there are about 237 seniors affected and if the supernumerary posts were created as per the Court direction, the anomaly could be rectified. 4. Elaborate submissions were made before the learned single Judge and the learned single Judge by a very detailed order, allowed the writ petitions and quashed the revised seniority list dated 02.05.2007 and issued following directions:- "Seniority list in proceedings in Na.Ka.No.8400/A1/2005 dated 29.08.2006 is ordered to be restored. "Respondents are directed to give notional promotion to the writ petitioners who are all eligible for promotion. "All ad-hoc promotions affected between 1996-2006 shall be re-worked based upon the seniority list dated 29.08.2006. "Respondents shall comply the entire exercise within six months from today taking State level seniority list (29.08.2006) as final and conclusive for that purpose. "As per the seniority list, Respondents shall also consider names to promote them to Gr.I Librarian as per the rules framed. "Promotees based on promotions made between 1996-2006 shall be reverted to their respective position. "In view of the above directions, W.P.No.36061/2007 is dismissed. 5. "As per the seniority list, Respondents shall also consider names to promote them to Gr.I Librarian as per the rules framed. "Promotees based on promotions made between 1996-2006 shall be reverted to their respective position. "In view of the above directions, W.P.No.36061/2007 is dismissed. 5. Aggrieved by the said order, the present appeals have been preferred, contending that the seniority list dated 29.08.2006 does not contain the names of all those who worked in the post of Librarian Gr.II, those who retired on superannuation or on voluntary retirement and it may not be the correct seniority list of Librarian Gr.II and that the said seniority list dated 29.08.2006 does not appear to have been drawn, taking into account, the combined seniority list of Librarian Gr.II in various districts in the department. 6. The learned Additional Advocate General very fairly submitted that in order to give a quietus to the whole issue, the appellant State is willing to redo the entire exercise, so as to avoid any disputes or complaints. Further, the appellants are willing to scrape the earlier seniority list including the list dated 29.08.2007 and would publish a fresh draft seniority list within a time framed to be fixed by this Court, invite objections to the same and thereafter publish the final seniority list. This suggestion made by the learned Additional Advocate General is acceptable to all the learned counsels, who are appearing for the private respondents as well as the private appellants in these bunch of appeals. All the learned counsels submit that there is no other aggrieved person to be heard in the matter and all of those who had grievance to the seniority list are before this Court. 7. Thus taking note of the submission made and recording the consensus arrived at between the parties these appeals are disposed of with the following direction:- i)The appellant shall prepare a draft state wide seniority list of Librarian Gr.1/Inspector of Libraries within a period of two weeks from the date of receipt of a copy of this order. ii)The appellant shall publish the draft state wide seniority list by bringing to the notice of all the Librarians/Inspector of Libraries and all other persons who may be aggrieved through the District Library Officers. ii)The appellant shall publish the draft state wide seniority list by bringing to the notice of all the Librarians/Inspector of Libraries and all other persons who may be aggrieved through the District Library Officers. iii)The Librarians/Inspector of Libraries and other persons aggrieved shall submit their objections, if any to the draft seniority list within a period of two weeks from the date of publication of the draft seniority list. iv)On receipt of these objections, the appellants shall consider the same and publish the final seniority list within a period of four weeks from the date of receipt of the objections from aggrieved persons . 8. With the above directions, these appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.