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2009 Supreme(Mad) 541

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


Advocates Appeared:
For the Appearing Parties:N. Muthukumarasamy, Sr. Counsel, Balan Haridas, Nalini Chidambaram, Sr. Counsel, for Ms.Gladys Daniel, R. Singaravelan, Advocates, P.S.Raman, Addl. Advocate General, assisted by Mr.K.Elango, Special Govt. Pleader for Government, Mrs. C.N.G. Ezhilarasi for TNPSC. Mrs.Geetha Thamaraiselvan, for M/s. Sudha Ravi Associates, Srinath Sridevan, Advocates.

Judgment :-

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
































































































































































































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