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2020 Supreme(Mad) 1197

M.DHANDAPANI
N. V. Sajikumar – Appellant
Versus
State of Tamil Nadu, Rep. by the Secretary to Govt. Municipal Administration & Water Supply Department, Chennai – Respondent


Advocates Appeared:
For the Petitioners:V. Selvaraj, V.S. Manimekalai, L.S.M. Hasan Faizal, P.I. Thirumoorthy, K. Raja, S. Ganesh, K.S. Kumar, V. Vijayashankar, Advocates
For the Respondents: V. Jayaprakash Narayanan, GP, Akhil Akbar Ali, GA.

JUDGMENT :

(W.P. No.7666 of 2017 filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorari calling for the records relating to the impugned proceedings of the 3rd respondent in G.O. Ms. No.149, Higher Education (J2) Department, dated 22.07.2016 and quash the same.)

Common Order

1. The above batch of petitions are filed against the reversion of the petitioners from the post of Overseer, who were working under the respective Panchayats, on the ground of possession of qualification, not equivalent to the qualification recognised by the State vide G.O. Ms. No.149, Higher Education (J2) Department, dated 22.7.2016.

2. While one set of writ petitions merely assail the reversion order and for a consequential direction forbearing the respondents from reverting the petitioners from the post of Overseer, the other batch of writ petitions assail the very foundation of the Government Order in G.O. Ms. No.149, which is passed under Article 162 of the Constitution, contending that the said Government Order cannot abrogate the Special Rules framed in exercise of the powers under Article 309 of the Constitution.

3. The gist of the case of the petitioners, fo

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