The finality of court orders and the inability of subsequent enactments to nullify them.

This writ petition has been filed by the petitioner challenging the impugned three orders viz., (1) G.O.Ms.No.543, Home (Prison-I) Department, dated 16.08.2014, issued by the 1st respondent, whereby the petitioner was reverted back from the post of Jailer to the post of Deputy Jailer; (2)G.O.Ms.No.544, Home (Prison-I) Department, dated 16.08.2014, issued by the 1st respondent, in and by which the petitioner's request for promoting him to the post of Superintendent of Prisons was rejected; (3)the consequential order passed by the 2nd respondent vide his proceedings No.33095/CS2/2010 dated 19.08.2014, whereby the petitioner was reverted back as Deputy Jailor and posted at District Jail and Borstal School Pudukkottai in the existing vacancy.

2. The brief facts, which are necessary to dispose of the writ petition, as follows:-

2.1. The petitioner joined the services of the Government in the year 1985 as Assistant Jailor. He was selected to the said post through the Tamil Nadu State Public Service Commission. Thereafter, he was promoted to the post of Deputy Jailor in the year 1996 and his service in the post of Deputy Jailor was regularised with effect from 15.07.1996. The petitioner was entitled to be promoted to the post of Jailor by way of inclusion of his name in the promotion panel for the year 1999-2000 and the crucial date for preparing the panel was 15.02.1999. On the crucial date, there was no currency of any punishment pending against the petitioner. But, the said panel for the period 1999-2000 was prepared very belatedly only in the year 2007. The long delay was not at all explained by the respondents, but it was simply stated by the respondents that the delay was due to administrative reasons.

2.2. According to the petitioner, though there was no pendency of any charge memo/disciplinary proceedings/punishment against the petitioner on the crucial date i.e., on 15.02.1999, the petitioner's name was not included in the promotion panel on the untenable ground that he suffered a punishment of 'censure' after the crucial date and he was under 'check period', as such he was not fit for inclusion in the promotion panel. Thus, the petitioner was denied his rightful promotion to the post of Jailor, for which he was entitled in the year 1999 itself. For 15 years he was in the same post of Deputy Jailor and he was subjected to work as a subordinate to his juniors.

2.3. Hence, the petitioner had earlier filed a writ petition in W.P.No.18458 of 2010 before this Court seeking to direct the respondents to give promotion to him to the post of Jailor and Additional Superintendent of Prisons, with all consequential benefits, by including his name in the panel for Jailor for the year 1999-2000. On 26.08.2011, this Court allowed the said writ petition, with a direction to the Director General of Prison, Chennai to include the name of the petitioner in the promotion panel for the year 1999-2000 and to accord him promotion to the post of Jailor. Though a direction was given to the respondents to promote the petitioner to the post of Jailor by including his name in the promotion panel for the year 1999-2000, the said order of this Court was not complied with by the respondents; hence, the petitioner had filed a contempt petition in Cont.P.No.1840 of 2011.

2.4. In the interregnum period, the respondents had filed a writ appeal in W.A.No.453 of 2012 against the order dated 26.08.2011 passed by the learned Single Judge of this Court in W.P.No.18458 of 2010; however, the said writ appeal was dismissed by the First Bench of this Court by judgment dated 20.03.2012. Thereafter, the Government issued an order in G.O.(Ms).No.321, Home (Prison-I) Dept, dated 24.04.2012, by which the petitioner's name was included in the panel for the post of Jailor for the year 1999-2000. When the Contempt Petition in Cont.P.No.1840 of 2011 filed by the petitioner came up for consideration on 27.04.2012, the above said GO viz., G.O.(Ms).No.321, Home (Prison-I) Dept,