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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. CHANDRU
B. Ramasundar & Another
Versus
The Secretary to Government, Environment and Forest Department & Others
W.P.Nos.4519, 9080 and 13025 of 2008 & M.P.Nos.1, 1, 1 and 2 of 2008
Decided on : 29-03-2012
Lien - Government Employment - Tamil Nadu Ministerial Service Rules, Rule 20(a)(iii) - The court considered the concept of lien in government employment and its implications on the reversion of employees to their parent department. The court analyzed various legal precedents and rules to determine the validity of the reversion orders and the seniority of the employees.
Fact of the Case:
The petitioners, who were originally employed in the Motor Vehicle Maintenance Department, were transferred to the newly created Department of Environment. After serving in the new department for several years, they were reverted back to their parent department. The court was tasked with determining the validity of the reversion and the seniority of the employees.
Finding of the Court:
The court found that the petitioners' lien with the post in the parent department had not been severed, and the consent or ratification of the Public Service Commission was not obtained for the transfer. The court concluded that the reversion orders and the cancellation of the seniority list were valid, and all three writ petitions were dismissed.
Issues: The main issues revolved around the concept of lien in government employment, the validity of the reversion orders, and the seniority of the employees in the parent department.
Ratio Decidendi: The court relied on legal precedents and rules to establish that the petitioners' lien with the parent department had not been terminated, and the necessary legal formalities for transfer had not been followed. Therefore, the reversion orders and the cancellation of the seniority list were deemed valid.
Final Decision: All three writ petitions were dismissed, and the court issued a direction for the appropriate posting orders to be given to the petitioners on their reversion to the Motor Vehicle Maintenance Department with due seniority and without fail.
1. These three writ petitions came to be posted on being specially ordered by the Hon'ble Chief Justice vide order dated 3.1.2012.
2. W.P.No.4519 of 2008 was filed by one Ramasundar challenging an order dated 1.2.2008 passed by the Director of Environment, Chennai. By the impugned order, the petitioner was informed that his services were no longer required and he was reverted back to the department of Motor Vehicle Maintenance and was relieved from duty with effect from 1.2.2008. Further, he was directed to join duty before the Director, Motor Vehicle Maintenance Department, Chennai. The writ petition was admitted on 27.2.2008. Pending the writ petition, in the application for interim stay, this court had granted an interim stay. A reference was made to FR 14(b), by which it was stated that no reversion can take place beyond the period of three years after deputation.
3. During the pendency of the writ petition, the petitioner's wife Mrs.Lakshmi Ramsundar filed W.P.No.9080 of 2008 challenging an order passed by the Director of Environment, dated 28.03.2008 and seeks to set aside the same with consequential direction to allot work and permit her to continue to work as a Superintendent in the office of the Director, Department of Environment. By the impugned order, the petitioner was informed that her services were no longer required in the office and hence, she was reverted back to her parent department with effect from 28.3.2008. The petitioner's post being a Selection Grade Assistant, she was directed to report for duty before the Director of Motor Vehicle Maintenance Department, Chennai. The writ petition was directed to be posted along with W.P.No.4519 of 2008 and an interim stay was granted till that date.
4. Thereafter, the petitioner in the first writ petition also filed a writ petition in W.P.No.13025 of 2008 seeking to challenge an order dated 17.5.2008. That order came to be issued on a writ petition filed by one S.Pandian, an Assistant working in the Department of Environment, being W.P.No.18645 of 2007. It was informed that while preparing the seniority list of Assistants fit for promotion and to be included in the panel for the post of Superintendent, the date of promotion as Assistant in the parent department of the respective individuals were taken into account, but the seniority with reference to the date of permanent absorption in the department of Environment as per Rule 20 of the Tamil Nadu Ministerial Service Rules was of taken into account. Hence the earlier proceedings dated 26.10.2007 was cancelled and a revised seniority list in the post of Assistant in the department was prepared on 17.5.2008. In that writ petition, notice of motion was ordered on 27.5.2008. Pending notice of motion, an interim stay was granted on condition that the stay will be in operation if he is not already relieved.
5. One R.K.Nagaimugan filed M.P.Nos.2 and 3 of 2008 seeking to implead him in W.P.No.4519 of 2008 and that was ordered by this court on 30.9.2008. Similarly, the petitioner in W.P.No.13025 of 2008 filed an application in M.P.No.4 of 2008 seeking to amend the prayer so as to challenge the order dated 17.5.2008 passed by the second respondent and also the consequential order dated 17.5.2008. That was also ordered on 30.09.2008.
6. On notice from this court, in the first writ petition a counter affidavit dated 18.4.2008 was filed by the second respondent Director of Environment. In the third writ petition, a counter affidavit, dated 17.6.2008 was filed by the second respondent. The contesting third respondent S.Pandian also filed a counter affidavit, dated 19.11.2008.
7. Since contentions raised in all the three writ petitions and the petitioners being the husband and wife and are similarly placed, all the three writ petitions were grouped together and a common order is passed.
8. The two writ petitioners, i.e., Ramasundar and Lakshmi Ramsundar were originally employed in the Motor Vehicle Maintenance Dep
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