Government of Tamil Nadu, Rep. by its Secretary to Government, Rural Development Department, Secretariat, Chennai v. A. Balakrishanan
2019-04-02
K.K.SASIDHARAN, P.D.AUDIKESAVALU
body2019
DigiLaw.ai
JUDGMENT : P.D. AUDIKESAVALU, J. (Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the common order dated 11.01.2018 in W.P. Nos. 7960 and 7961of 2013.) The intra-Court Appeals arise out of the common order dated 11.01.2018 in W.P. Nos. 7960 and 7961 of 2013 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience. The case particulars with reference to each of the Petitioners is shown below:- S. No. Petitioner Name W.P. No. W.A. No. 1. V. Maruthai W.P. No. 7960 of 2013 W.A. No. 617 of 2019 2. A. Balakrishnan W.P. No. 7961 of 2013 W.A. No. 614 of 2019 2. The chronological sequence of events leading to the filing of these Writ Appeals are given below:- (i) The Petitioners in W.P. Nos. 7960 and 7961 of 2013 were selected to the post of Radio Supervisors on 10.12.1984 and 30.09.1981 respectively by the Tamil Nadu Public Service Commission to work for the Tamil Nadu Local Administration Radio and Television Maintenance Organization, and were subsequently, promoted as Technical Assistants on 09.12.1997 and 07.11.1997 respectively. (ii) The Government of Tamil Nadu in G.O. Ms. No. 229, Rural Development (E4) Department dated 30.08.2000 had decided to disband the Tamil Nadu Local Administration Radio and Television Maintenance Organization pursuant to devolution of Panchayat Raj, and as a sequel thereto, the Commissioner of Rural Development Department by letter R.C. No. 91508/2000-1/RCP.2 dated 23.04.2001 issued instructions to the District Collectors that from 01.05.2001 onwards, the Technical Assistants shall be attached to the respective Collectorates where their services shall be utilized and suitable work allotted which shall serve as a part of training before posting issued. (iii) Though the Technical Assistants were serving as Deputy Block Development Officers in the District Collectorates, formal orders for their absorption in service in that post were issued in G.O. (3D) No. 43, Rural Development and Panchayat Raj (E3) Department dated 09.12.2011, but it was directed that they shall be placed at the bottom of the seniority list as on that date.
(iv) In respect of the erstwhile Radio Supervisors, who were working in the Tamil Nadu Local Administration Radio and Television Maintenance Organization, they were absorbed as Assistants in the Rural Development Department of the Government of Tamil Nadu in G.O. (3D) No. 43, Rural Development and Panchayat Raj (E3) Department dated 09.12.2011, but it was directed that they should be placed at the bottom of the seniority list as on that date despite working in that post from 01.05.2001 onwards. Some of them had filed Writ Petitions, which were allowed by this Court, holding that their seniority has to be fixed with effect from 01.05.2001 from which date they have been working on that post, and those orders have been confirmed in appeal by the Division Bench of this Court. (v) The Petitioners, whose case is also similar to them, have filed these Writ Petitions challenging G.O. (3D) No. 43, Rural Development and Panchayat Raj (E3) Department dated 09.12.2011 insofar as it fixes their seniority in the post of Deputy Block Development Officers as on that date and they have sought to reckon their seniority with effect from 01.05.2001, from when they have been actually working in that post.(vi) During the pendency of the Writ Petitions, the Petitioners in W.P. Nos. 7960 and 7961 of 2013 attained the age of superannuation on 31.10.2016 and 30.06.2015 respectively and have retired from service. (vii) The Learned Judge, who heard the Writ Petitions along with certain other Writ Petitions filed by similarly placed erstwhile Radio Supervisors absorbed as Assistants, by common order dated 11.01.2018, allowed the Writ Petitions filed by those persons as well as the Petitioners. Aggrieved thereby, the Respondents have preferred this appeal. 3. We have heard Mrs. A. Sri Jayanthi, Learned Special Government Pleader appearing on behalf of the Respondents, Mr. S. Ramesh, Learned Counsel appearing for the Petitioners and perused the materials placed on record, apart from the pleadings of the parties. 4. The erstwhile Radio Supervisors in the Tamil Nadu Local Administration Radio and Television Maintenance Organization, who have been absorbed as Assistants in the Rural Development Department in G.O. (3D) No. 43, Rural Development and Panchayat Raj (E3) Department dated 09.12.2011, placed at the bottom of the seniority list as on that date though they have been working in that post from 01.05.2001 onwards.
This Court had allowed the Writ Petitions filed by those erstwhile Radio Supervisors and directed that their seniority has to be fixed from 01.05.2001, which have also been confirmed in appeal by the Division Benches of this Court. The details of the said Writ Petitions are as follows:- S. No. Name of the Petitioner Writ Petition Date of Order Writ Appeal Date of Order 1. T. Kaliarajan W.P. No. 25256 of 2012 09.07.2014 W.A. No. 1762 of 2015 09.08.2016 2. N. Sivaprakasam W.P. No. 25257 of 2012 09.07.2014 W.A. No. 736 of 2016 23.06.2016 3. S. Sivagami W.P. No. 27207 of 2012 26.03.2015 W.A. No. 1165 of 2017 15.11.2017 4. M. Lakshmi W.P. No. 27208 of 2012 26.03.2015 W.A. No. 1461 of 2016 15.11.2017 5. M. Parivelan W.P. No. 43299 of 2016 03.04.2017 W.A. No. 1460 of 2016 15.11.2017 6. P. Rajakanthan W.P. No. 7943 of 2013 11.01.2018 W.A. No. 649 of 2019 02.04.2019 7. A. Thamizselvi W.P. No. 7944 of 2013 11.01.2018 W.A. No. 2641 of 2018 02.04.2019 8. K.A. Balamurugu W.P. No. 7945 of 2013 11.01.2018 W.A. No. 559 of 2019 02.04.2019 9. M.M. Shanmugam W.P. No. 7946 of 2013 11.01.2018 W.A. No. 669 of 2019 02.04.2019 10. N. Ramesh W.P. No. 7947 of 2013 11.01.2018 W.A. No. 612 of 2019 02.04.2019 11. R. Suganthi W.P. No. 7948 of 2013 11.01.2018 W.A. No. 2619 of 2018 02.04.2019 12. R. Murugesan W.P. No. 7949 of 2013 11.01.2018 W.A. No. 988 of 2018 02.04.2019 13. S. Balaganesan W.P. No. 7950 of 2013 11.01.2018 W.A. No. 563 of 2019 02.04.2019 14. P. Jayachandran W.P. No. 7951 of 2013 11.01.2018 W.A. No. 562 of 2019 02.04.2019 It is not in dispute that the Petitioners who were working as Technical Assistants in the Tamil Nadu Local Administration Radio and Television Maintenance Organization have been posted from 01.05.2001 onwards as Deputy Block Development Officers in the Rural Development Department of the Government of Tamil Nadu pursuant to the decision to disband the said Organization where they were working and it was not on account of any option made by them in that regard. The Secretary to Government, Rural Development Department by letter No. 41040/E4/2000-7 dated 13.03.2001 while obtaining the views of the Tamil Nadu Public Service Commission, had stated as follows:- “3.
The Secretary to Government, Rural Development Department by letter No. 41040/E4/2000-7 dated 13.03.2001 while obtaining the views of the Tamil Nadu Public Service Commission, had stated as follows:- “3. The proposal to redeploy the staff of the disbanded TNLA Radio and TV Maintenance Organisation with the regular establishment of Panchayat Development Unit has been consulted with various service Associations including Tamil Nadu Rural Development Officials Association by DRD and the Secretary, RD Department, informally in various occasions though they are Associations. As the employees of the disbanded organization are proposed to be fitted as last man of the corresponding categories in the Panchayat Development Unit the seniority of the existing personnel may not be affected as contended. Also the number to be redeployed is negligible, it may not create any major impact in seniority level taking into consideration of staff strength of the Panchayat Development Unit.” In response to the same, the Tamil Nadu Public Service Commission had also sent their concurrence for that proposal by letter No. 5468/CD-B2/2000 dated 06.07.2001. The delay in issuing orders for the absorption of the Petitioners in the post of Deputy Block Development Officers in G.O. (3D) No. 43, Rural Development and Panchayat Raj (E3) Department dated 09.12.2011, was not due to any fault of the Petitioners. That being the factual position, it was unfair to have placed the Petitioners at the bottom of the seniority list in the post of Deputy Block Development Officers as on 09.12.2011. Further, when some of the Radio Supervisors challenged their placement as Assistants at the bottom of the seniority list as on 09.12.2011 in earlier Writ Petitions, this Court held the same to be invalid and directed their names should be placed in the seniority list as on the date on which they had joined in the post of Assistants on 01.05.2001, which has attained finality. We do not find any reason to differ from the consistent view taken by this Court in the matter. The Hon’ble Supreme Court of India in State of Uttar Pradesh -vs- Arvind Kumar Srivastava [ (2015) 1 SCC 347 ] has reiterated that when a particular set of employees have been given a relief by the Court, all other identically situated employees should be treated alike by extending that benefit and not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India.
It is, however, made clear that relying on the seniority, the Petitioners who have now retired from service, cannot demand promotion to any higher post as a matter of right and the same would depend upon the relevant service rules and that the Petitioners should be otherwise eligible and satisfy the norms laid down for the same. 5. In the result, the order dated 11.01.2018 in W.P. Nos. 7960 and 7961 of 2013 directing the seniority of the Petitioners in the post of Deputy Block Development Officers to be reckoned from 01.05.2001 onwards instead of 09.12.2011 is confirmed with the aforesaid clarification. The Writ Appeals are dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs.