K.K.SASIDHARAN, P.K.MISRA
S. Ponnusamy & Others – Appellant
Versus
Government of Tamil Nadu, Rep. By its Secretary, Rural evelopment (CSS. I) Department & Others – Respondent
Common Judgment: (K.K. Sasidharan, J.)
These Writ Petitions relate to the absorbtion of Engineers of Highways Department and Agricultural Engineering Department in the Rural Development Department of the Government of Tamil Nadu and the question involved is as to whether deputationists who continue to have their lien in their parent department are entitled for absorption in the Borrowing Department in the absence of a provision in the statutory rules framed under Article 309 of the Constitution of India.
2. Since the issue involved in all these Writ Petitions are similar in nature and as the challenge was very much in relation to the Government order in G.O.Ms.No.15 dated 25.01.2000, the Writ Petitions were taken together and are being disposed of by this common Judgment.
3. In order to appreciate the relief sought for by the respective petitioners, the prayer in each of the Writ Petitions are reproduced herein.
(i) W.P.No.26228 of 2005:-
The relief sought for is to quash the ad hoc Rules issued by the Government of Tamil Nadu in G.O.Ms.No.15 dated 25.01.2000 insofar as it failed to make provision to absorb the petitioner and similarly placed Engineers of Highways Depar
4. State of Punjab and others vs. Inder Singh and Others 1997 (8) SCC 372
6. Dr.Krushna Chandra Sahu and ors. v. State of Orissa and ors. 1995 (6) SCC 1
3. Balakrishna Pandey vs. State of Bihar and others
5. State of Haryana and ors. v. Piara Singh & ors. 1992 (4) SCC 118
7. Dhananjay Malik and ors v. State of Uttaranchal and ors. 2008 (4) SCC 171
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11. Kunal Nanda v. Union of India
114. Mukesh Kumar K. Parmar and ors. v. S.I.G. Of Police and ors. 2002 (9) SCC 485
116. Rajinder Singh (Dr) v. State of Punjab (2001) 5 SCC 482
118. Union of India v. Pushpa Rani & ors. 2008 (9) SCC 242
8. Union of India v. H.R.Patankar and ors. AIR 1984 SC 1587
10. Bhikubhai Vithlabhai Patel and ors. v. State of Gujarat and anr. 2008 (4) SCC 144
113. G. Muniyappa Naidu v. State of Karnataka and ors. 1976 (4) SCC 543
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