T. Thankanadan and Others vs The Government of Tamilnadu

P. Jyothimani, J.—The writ petitioners have been appointed as Junior Assistants/Typists/Steno Typists during the period 1981 to 1984. In

the year 1984, the petitioners services were regularised. In 1983, candidates were appointed for the same type of post through P c Service

Commission. It is not in dispute that candidates who are appointed through Public Service Commission are to be placed above the petitioners who

were appointed during the period 1981 to 1984 and regularised in the said cadre stated above.

Based on that, the seniority list was also prepared and there was also no dispute regarding this aspect. Subsequently, when the candidates were

appointed on compassionate ground, they were sought to be placed above the candidates appointed during year 1983. The dispute arose

ultimately and when the matter was taken to the Tribunal, the Tribunal took the decision based on the Special Rules framed in the Tamilnadu

Absorption Rules, 1987 by interpreting the word contained in the said rules. The Tribunal also took the view that the word Special Rule cannot

confer a special status to the persons who were appointed on compassionate ground. On that basis, it was held that the persons appointed on

compassionate ground should come below the persons appointed in 1984. Ultimately, this was confirmed by the Hon''ble Apex Court.

As far as the petitioners case is concerned, when there was a revision of seniority list based on the said special rule, they filed an appeal before

the first respondent on 27.1.2003. The said appeal preferred by the petitioners has not been died of till date. Aggrieved by the same, the

petitioners filed the present writ petition for a direction against the 1st respondent to dispose of the appeal dated 27.1.2003 in the light of the

Judgment of the Hon''ble Supreme Court confirming the order of the Tribunal in respect of candidates appointed in 1984 through Tamilnadu Public

Service Commission....

Heard the learned Counsel for the petitioners and Mr. A. Edwin Prabhakar, learned Government Advocate, taking notice on behalf of the

respondents.

Considering the facts and circumstances of the case and also the fact that in respect of the dispute between the persons appointed on

compassionate ground and the persons appointed through Public Service Commission, the Hon''ble Supreme Court has ady given a decision and

there is absolutely no impediment on the part of the 1st respondent in disposing the appeal filed by the petitioners dated 27.1.2003 in the light of

the Judgment of the Hon''ble Apex Court.

In view of the same, the first respondent is directed to consider and pass appropriate orders on the appeal filed by the petitioners dated

27.1.2003 within a period of four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above direction. No costs. Consequently, connected M.P. is closed.