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2013 Supreme(Mad) 1513

R.BANUMATHI, K.RAVICHANDRA BAABU
R. Thirunavukkarasu – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary to Government, Home Department – Respondent


Advocates Appeared:
For the Appellants:N. Vijay Narayan, Senior Counsel, N.G.R. Prasad for M/s. Row & Reddy, A. Prabhakara Reddy for M/s. APR Associates, N. Manoharan, R. Singaravelan, D. Selvanayagam, M. Radhakrishnan, V.G. Guhan Murugan, Advocates.
For the Respondents:AL. Somayaji, P.H. Arvindh Pandian, Advocate Generals assisted by I.S. Inbadurai, A. SriJayanthi, Spl. Govt. Pleaders, R. Muthukumarasamy, Senior Counsel for M/s. A. Jenasenan, G. Sankaran, B. Saravanan, Advocates.

JUDGMENT

R. Banumathi, J & K. Ravichandrabaabu, J.

1. W.A. Nos.849 to 854 of 2010 & 2066 of 2010 -Whether the Appellants, who were part of Special Task Force and were given "one stage accelerated promotion" by executive orders, can claim consequential seniority in the accelerated promotional post over their senior lower category; whether the learned single Judge was right in holding that G.O.Ms.1396 Home (Pol.1A) Department dated 03.10.2007 sets right the ambiguity regarding seniority position in accordance with General Rule 35 of Tamil Nadu State and Subordinate Service Rules and whether the Order of the learned single Judge warrants any interference, are the points falling for consideration in these intra-Court appeals. Validity of G.O.Ms.1396 Home Department dated 03.10.2007 is the core issue.

2. Before the learned single Judge the Government supported G.O.Ms. No.1396 Home dated 03.10.2007 and thereby supported the Respondents by taking a stand that accelerated promotees could never be given consequential seniority and that Executive Orders cannot over ride the statutory rules. Against the dismissal of Writ Petitions, Writ Appeals in W.A. Nos.849 to 854 of 2010 and 2066 of 2010 w





































































































































































































































































































































































































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