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2025 Supreme(Online)(Mad) 10470
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
R.S.RAJASEKARAN – Appellant
Versus
THE GOVERNMENT OF TAMILNADU – Respondent
W.P. No.2589 of 2024 | W.P. No.2590 of 2024 | W.P. No.3146 of 2024 | W.P. No.5690 of 2024 | W.M.P. No.3411 of 2024 | W.M.P. No.6290 of 2024
For the Appellants/Petitioners: Mr. P. Vijendran
For the Respondents: Mr. R.U. Dinesh Rajkumar (Addl. Govt. Pleader), Mr. A.R. Sakthivel (Senior Panel Counsel)
Where similarly situated employees have challenged reversion orders and writ appeals are pending, subsequent petitioners' rights should abide by the outcome of those pending appeals without further adjudication.
Headnote:(A) Constitution of India, 1950 - Article 226 - Writ of Certiorarified Mandamus - Reversion from promoted post - Petitioners in Prison Department were selected through TNPSC, completed training and probation, promoted as Deputy Jailors; subsequently reverted to Assistant Jailor without notice or hearing - Similar placed persons have filed writ appeals (W.A. No.2581 of 2024 batch) pending before Division Bench - Court directed that rights of these petitioners shall abide by and enure subject to outcome of said appeals, provided they are similarly placed - Petitioner in Secretariat Service (W.P. No.5690 of 2024) reverted from Under Secretary to Accounts Officer; further proceedings pending - Liberty granted to work out remedy in accordance with law. (Paras 10-12)
Facts of the case:
Petitioners in W.P. Nos.2589, 2590, 3146/2024 were former Indian Army personnel, selected through TNPSC, appointed as Assistant Jailors, completed training, regularised, promoted as Deputy Jailors. They were reverted to Assistant Jailor by impugned orders dated 15.12.2023 and 22.12.2023, allegedly in compliance with an order of the Supreme Court and consequential departmental proceedings. Petitioner in W.P. No.5690/2024, a Secretariat Service employee, was reverted from Under Secretary to Accounts Officer by G.O. dated 16.02.2024. All petitioners challenged reversion orders without being heard.
Findings of Court:
Court noted that similar placed Prison Department employees have already filed writ appeals pending before Division Bench. To meet interests of justice, disposed of those writ petitions with direction that petitioners' rights will be subject to outcome of those appeals. For the Secretariat petitioner, since further proceedings are pending, liberty granted to pursue remedy in those proceedings.
Issues: Whether reversion orders passed without notice and opportunity of hearing are sustainable; whether petitioners should be given protection pending disposal of similar pending writ appeals.
Ratio Decidendi: In matters where similarly situated persons have already challenged similar reversion orders and appeals are pending, it is appropriate to dispose of the writ petitions with an observation that the rights of the petitioners shall abide by the outcome of those pending appeals, provided they are similarly placed. Each case must be considered on its own facts; Secretariat service matter stands on different footing.
Result: W.P. Nos.2589, 2590, 3146 of 2024 disposed of with observation that petitioners shall be entitled to benefit, if any, pursuant to outcome of pending W.A. No.2581 of 2024 etc. batch. W.P. No.5690 of 2024 disposed of granting liberty to petitioner to work out remedy in pending proceedings. No costs.
COMMON ORDER
Since the issues involved in all these writ petitions are similar in nature viz., with regard to reversion, they are disposed of by this common order.
2. Petitioners in W.P. Nos.2589, 2590 and 3146 of 2024 who are similarly placed and the issue relates to challenging the proceedings issued by the Prison Department. Likewise, the proceedings, which is put under challenge in W.P. No.5690 of 2024 is relating to reversion order issued by the Finance Department of Secretariat.
3. Facts in Nutshell in respect of W.P. Nos.2589, 2590 and 3146 of 2024
a) The petitioners entered service in the Indian Army and rendered long and unblemished service. During the course of their military service, they appeared for the examination conducted by the Tamil Nadu Public Service Commission (TNPSC) and were selected for appointment to the post of Assistant Jailor. Pursuant to their selection, they were appointed as Assistant Jailors and deputed to the Prison and Correctional Services Academy, where they underwent mandatory training for about 11 months, which they successfully completed. Consequent to completion of training, their services were regularised, probation was declared, and their names were selected for promotion. Based on such selection, the petitioners were promoted as Deputy Jailors and posted in various District / Central Prisons. According to the petitioners, the promotions were regular promotions, granted strictly in accordance with the applicable Service Rules, and they were neither beneficiaries of any accelerated nor incentive promotion.
b) It is averred that the 2nd respondent earlier issued proceedings with regard to reversion. But the said proceedings were not communicated to the petitioners. It is the contention of the petitioners that based on the said proceedings and placing reliance on an order of the Hon’ble Supreme Court, the 3rd respondent passed the impugned reversion orders, reverting the petitioners from the post of Deputy Jailor to Assistant Jailor, vide proceedings dated 15.12.2023. (W.P. Nos.2589 and 2590 of 2024) and 22.12.2023 (W.P. No.3146 of 2024). Challenging the aforesaid reversion orders, these writ petitions viz., W.P. No.2589, 2590 and 3146 of 2024.
4. Facts in brief in respect of W.P. No.5690 of 2024
a) The petitioner in W.P. No. 5690 of 2024 belongs to the Secretariat Service. She was selected through TNPSC and appointed as Assistant Section Officer in the Finance Department, Secretariat, Chennai, in the year 2008, and thereafter promoted as Section Officer and subsequently as Under Secretary to Government.
b) While so, it is the contention of the petitioner that based on orders passed in a Special Leave Petition and consequential Government Orders, she was reverted from the post of Under Secretary to Government and posted as Accounts Officer. However, she joined as Accounts Officer, State Human Rights Commission on 16.02.2024 A.N., and working as such. Consequent to such revision, proceedings and litigation are pending in respect of the said issue.
5. Learned counsel for the petitioners submitted that the impugned reversion orders were passed without notice and without affording an opportunity of hearing. The petitioners in W.P. Nos.2589, 2590 and 3146 of 2024 have rendered long and unblemished service in the Indian Army and were thereafter selected through TNPSC; after completing the prescribed training and probation, they were promoted as Deputy Jailors strictly in accordance with the Service Rules. He further submitted that similarly placed persons have already filed writ appeals viz., W.A. No.2581 of 2024 etc. batch, before the Hon’ble Division Bench of this Court and the same are pending consideration. Therefore, he prayed that the petitioners herein are also entitled to similar protection and their rights must enure subject to the outcome of the said writ appeals.
6. Per contra, learned Additional Government Pleader appearing for the respondents submitted that the impugned reversion orders were
