This writ petition has been filed by the petitioner seeking for the issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent pertaining to S.O.Ms.No.108, Legislative Assembly Secretariat, dated 22.08.2016, whereby the fifth respondent, who was appointed as a Special Personal Assistant to the petitioner herein, was repatriated back to the Secretariat Services, downgrading to the post of Personal Assistant and to direct the first respondent to place the fifth respondent status-quo ante, in terms of S.O.Ms.No.104, dated 08.08.2016, as Special Personal Assistant to the Leader of Opposition.

2. The brief facts, which are necessary for the disposal of the above writ petition, are as follows:-

The petitioner is the Leader of Opposition in the Tamil Nadu Legislative Assembly. In the recently concluded General Elections to the Tamil Nadu Legislative Assembly held in May 2016, the Dravida Munnetra Kazhagam (DMK) party, won 89 seats and therefore, is the principal Opposition Party in the 15th Tamil Nadu Legislative Assembly that was formed after the elections. The DMK Party, nominated the petitioner, who is the Treasurer of the party to be the Leader of Opposition in the 15th Tamil Nadu Legislative Assembly and thereupon the petitioner was recognized as the Leader of Opposition, as defined under Rule 2(1)(k) of the Tamil Nadu Legislative Assembly Rules, by the third respondent, vide his proceedings, dated 04.06.2016. The Tamil Nadu Legislative Assembly Rules have been framed pursuant to the powers conferred under Article 208 of the Constitution of India.

3. The Leader of Opposition has certain privileges in the House prescribed by the Rules made from time to time. One of the privileges is that the Leader of Opposition is entitled to have a Personal Assistant appointed. The said post was created, vide G.O.Ms.No.2784, Public Department, dated 10.12.1970 and was extended from time to time and finally vide S.O.No.450 dated 08.07.2016 issued by the first respondent, the post has been continued up to 30.06.2017.

4. Temporary post is governed by the Rules framed, vide G.O.Ms.No.87 dated 29.05.1979 (hereinafter will be referred to as ‘1979 G.O.’). The 1979 G.O. has been issued in exercise of powers conferred under Article 187(3) of the Constitution of India. Article 187(3) confers the power to frame Rules regarding the recruitment and conditions of service of persons appointed to Secretariat Staff of the Assembly. The said 1979 G.O. came into force with retrospective effect from 29.07.1977.

5. The post of Personal Assistant to the Leader of Opposition (hereinafter will be referred to as ‘the PA’) created by the said 1979 G.O., as referred in Rule 2 is a distinct category in Class II of the Tamil Nadu Assembly Secretariat Service. The appointments to the said post, as per Clause 3 of the 1979 G.O. shall be made from among the holders of the post of Class II of the Tamil Nadu Legislative Assembly Secretariat Service, either by recruitment by transfer of service or by direct recruitment. The appointing authority for the post is the first respondent. However, Clause 4 of the 1979 G.O. provides that the selection of panel of candidates for the post shall be made by the Leader of Opposition and only from the candidate selected by the Leader of Opposition, the first respondent ought to appoint a PA. Therefore, the choice of candidate is given to the Leader of Opposition and what follows is the appointment. So far as the tenure of appointment is concerned, the Rules prescribe that the person appointed to the post of PA shall continue till the Leader of opposition vacates office or till termination by the Leader of Opposition himself. The petitioner took charge as the Leader of Opposition and the fifth respondent was appointed as the PA to the petitioner by the first respondent, vide S.O.Ms.No.104, dated 08.08.2016, on the basis of the petitioner's letter, dated 17.06.2016. Before issuing the said letter, the petiti