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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
G. Sathiyanarayan – Appellant
Versus
The Government of Tamil Nadu, Department of Home (Police-XVII), Rep. by its Principal Secretary, Chennai & Others – Respondent
W.P. Nos. 22411 of 2023 & 747 & 1858 of 2024
W.M.P. Nos. 21815 to 21817 of 2023 & 762, 1930, 1931 & 1934 of 2024
Decided on : 05-03-2024
Reservation - Seniority List - Article 16(4), Article 16(4-A), S. Panneer Selvam and Ors. vs. Government of Tamil Nadu and Ors. (2015) 10 SCC 292, Jarnail Singh and Ors. vs. Lachhmi Narain Gupta and Ors. (2022) 10 SCC 595
Fact of the Case:
The petitioner challenged government orders related to the re-fixation of seniority list on merit basis and subsequent reversion from Joint Director to Deputy Director in the Fire & Rescue Services Department.
Finding of the Court:
The court found that the re-fixation of seniority list and subsequent reversion were in compliance with the orders of the Hon'ble Supreme Court of India and upheld the government orders.
Issues: The issues involved the re-fixation of seniority list, reservation in promotions, and compliance with the orders of the Hon'ble Supreme Court of India.
Ratio Decidendi: The court relied on the principles of reservation under Article 16(4) and Article 16(4-A) and the interpretation of these provisions in the cases of S. Panneer Selvam and Ors. vs. Government of Tamil Nadu and Ors. (2015) 10 SCC 292 and Jarnail Singh and Ors. vs. Lachhmi Narain Gupta and Ors. (2022) 10 SCC 595 to uphold the re-fixation of seniority list and subsequent reversion.
Final Decision: The writ petitions were dismissed, and the government orders were upheld.
JUDGMENT :
(Prayer :In W.P.No.22411 of 2023 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records from the first respondent pertaining to the impugned G.O.(Ms)No.349 dated 10.07.2023 and quash the same and reiterate the petitioner as Joint Director of Fire & Rescue Services or alternatively to direct the respondents to depute the petitioner permanently to some other department in the same rank in view of the judgment of Arul Kumar & Ors Vs. Union of India & Ors, 2007 (5) SCC Page No.580.
In W.P.No.747 of 2024 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records from the first respondent pertaining to the impugned G.O.(3D)No.08 dated 05.01.2024 passed by the first respondent and quash the same and reiterate the petitioner as Joint Director of Fire & Rescue Services or alternatively to direct the respondents to depute the petitioner permanently to some other department in the same rank in view of the judgment of Arul Kumar & Ors Vs. Union of India & Ors, 2007 (5) SCC Page No.580.
In W.P.No.1858 of 2024 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records from the first respondent pertaining to the impugned G.O.(3D)No.09 dated 05.01.2024 passed by the first respondent and quash the same and consequently to direct the first respondent to restore the petitioner post as Joint Director.)
1. The writ petition in W.P.No.22411 of 2023 has been filed challenging the government order in G.O.(Ms)No.349 Home (Police XVII) Department, dated 10.07.2023, thereby issuing order in compliance of the order passed by the Hon'ble Supreme Court of India in Contempt Petition (C) Diary No.6415 of 2021 dated 18.04.2023 for fixation/re-fixation of seniority list on merit basis of the District Officers, Tamil Nadu Fire and Rescue Services appointed by direct recruitment through Tamil Nadu Public Service Commission from the year 2006-2007 batch to 2019-2020 batch.
2. The writ petition in W.P.No.747 of 2024 has been filed challenging the Government order in G.O.(3D)No.08 Home (Police XVII) Department, dated 05.01.2021 passed by the first respondent thereby reverted the petitioner as Deputy Director from the post of Joint Director as per the seniority list issued in G.O.(Ms).No.349 Home (Police-XVII) Department, dated 10.07.2023.
3. The writ petition in W.P.No.1858 of 2024 has been filed challenging the government order in G.O.(3D).No.09 Home (Police XVII) Department, dated 05.01.2024, thereby ordered temporary promotion for the post of Joint Director on consequent to revision of seniority based in G.O.(Ms)No.349 Home (Police-XVII) Department, dated 10.07.2023, as per the order passed by the Hon'ble Supreme Court of India in Contempt Petition (C) Diary No.6415 of 2021 dated 18.04.2023.
4. The issues involved in all the writ petitions are one and the same and therefore, this Court is inclined to pass common order.
5. The petitioner was appointed as Project Assistant Level-II in the Central Electro Chemical Research Institute. While he was in service, he had written examination for the Group-I service conducted by the Tamil Nadu Public Service Commission in the year 2008. He got selected as Divisional Fire Officer, Category-2 in class II and issued appointment order on 21.12.2009 as per G.O.(Ms) No.1027 dated 02.12.2009. Thereafter, he was promoted to the post of Deputy Director Central Region, Trichy on 12.04.2017. Subsequently, he was promoted to the post of Joint Director and transferred to Western Region, Coimbatore.
6. While being so, the G.O.(Ms)No.349 dated 10.07.2023 was passed and accordingly ordered for re-fixation of seniority on merit. In pursuant to the said order, by another government order in G.O.(3D).No.8 dated 05.01.2024, the petitioner was reverted from the post of Joint Director of Fire and Res
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