IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :-20 .09.2010 Coram The HONOURABLE MR.M.Y.EQBAL THE CHIEF JUSTICE and The HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.A.Nos.1173 to 1178 of 2010,520 to 522 of 2009 & 911 to 919 of 2009 Cont.Petn.No.114 of 2010 & M.P.Nos.1,1,1,1,1,1 of 2010 WA.1173 to 1178 of 2010 1. The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai 600 009. 2. The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of Public Libraries, Anna Salai, Chennai 600 002. ... 1st and 2nd Appellants in all Writ Appeals. 3. C. Ramalingam 4. Sumathi ... 3rd and 4th Appellants in W.A. No.1177/2010 5. Perumal Samy ... 3rd Appellant in W.A.No.1178/2010 ..Vs.. M.Nirmala ... Respondents in WA.1173/2010 S. Ramasamy ... Respondents in W.A.1174/2010 1. N. Periyaswamy 2. P. Rajendran 3. A. M.Thirumurugan 4. K. Kanagasabai 5. S. Ganesan 6. M.P. Karl Marks ...Respondent in W.A.1175/2010 (R2 to R-6 in W.P.No.18232/07 impleaded as per the order in the M.P.No.2/2007 dated 19.07.2007) 1. K. Rajendran 2. P. Gunasekaran 3. S. Shankar 4. T. Selvaraj 5. P. Ananthan 6. V. Anbarasan https://hcservices.ecourts.gov.in/hcservices/ 7. G. Sekar ...Respondents in W.A.1176/2010 (R2 to R7 in W.P.No.18233/07 impleaded as per the order in M.P.2/2007 dated 19.07.2007) 1. M. Balasubramanian 2. G. Sekar 3. P. Anandan 4. M.K. Kuppusamy ... Respondents in W.A. No.1177/2010 1. M.A. Boopalan 2. A. Sivaraman ... Respondents in W.A.1178/2010 W.A.Nos.520 to 522 of 2009 R. Chandrasekaran ...Petitioners/3rd Party in W.A.No.520/2009 N. Manikandan ...Petitioner/3rd Party in W.A. No.521/2009 S.S. Sivakumar ...Petitioner/3rd Party in W.A. No.522/2009 ..Versus.. 1. M. Nirmala 2. The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai-9. 3. The Director of Public Libraries, Government of Tamil Nadu, O/o. The Director of Public Libraries, Anna Salai, Chennai-2. .. Respondents in All Writ Appeals. WA NOs.911 to 919 of 2009 A.P.Sivakumar ..Appellant in WA No.911/2009/NIL J.Karthikeyan ..Appellant in WA No.912/2009/NIL M.P.Karl Marx ..Appellant in WA No.913/2009/NIL K.Kanaga Sabai ..Appellant in WA No.914/2009/NIL S.Ganesan ..Appellant in WA No.915/2009/NIL P.Nagarajan ..Appellant in WA No.916/2009/NIL C.Asokan ..Appellant in WA No.917/2009/NIL R.Yuvaraj ..Appellant in WA No.918/2009/NIL P.Rajendran ..Appellant in WA No.919/2009/NIL https://hcservices.ecourts.gov.in/hcservices/ -Versus- 1. M.Nirmala ..Respondents No.1 in all Writ Appeals/Petitioner 2. The Secretary to Govt., Govt., of Tamilnadu Department of School Education, Fort St. George, Chennai-600 009. 3. The Director of Public Libraries, Govt., of Tamilnadu, Office of the Director of Public Libraries, Anna Salai, Chennai-600 002. ..Respondents 2 & 3 in all Writ Appeals/Respondents Contempt Petition No.114 of 2010 against M.P.1 of 2009 in WA No.911/2009 M.Nirmala ..Petitioner/Ist Respondent -Versus- 1. Thiru M.Kutralingam, IAS., Principal Secretary to Government of Tamilnadu, Department of School Education, Fort St. George, Chennai-600 009 2. Dr.G.Arivoli, Director of Public Libraries, O/o. The Director of Public Libraries, Government of Tamilnadu, 737-1, Anna Salai, Chennai-600 002. ..Respondents/Respondents 2 & 3 PRAYER IN WRIT APPEALS:- Writ Appeals filed under Clause 15 of the Letter Patent against the orders dated 8.4.2009 made in W.P.Nos.24947, 18231, 18232, 18233, 18707 and 24250 of 2007:- Prayer in W.P.Nos 24947 and 18231 to 18233/2007:- Writ Petitions filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus Calling for the records of the proceedings of the 2nd respondent in Na.Ka No.8400/A1/2005-1 dated 2.5.2007 Na.Ka No.8400/A1/2005-2 and Na.Ka https://hcservices.ecourts.gov.in/hcservices/ No.8400/A1/2005-3 and quash the same as illegal and consequently direct the 2nd respondent to make promotions based on the State wide seniority list of the 2nd respondent on 11.12.1989 which were confirmed by the Tamilnadu Administrative Tribunal in OA No.1370/1990 and upheld by the Supreme Court reserving one post as for the petitioners, prayer amended as per order dated 03.09.2007 made in M.P.Nos.3,4 & 3/07 in W.Ps.No.18231 to 18233/2007. Prayer in W.P.No.18707/2007:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus calling for the records of the proceedings of the second respondent in Na.Ka.No.8400/A1/2005-1 dated 2.5.2007 and quash the same as illegal and consequently direct the respondents effect promotions as per the seniority list issued by the second respondent in Na.Ka.No.8400/A1/2005-1 dated 29.8.2006 and grant the petitioner all promotions with all service and monetary benefits. Prayer in W.P.No.24250/2007:- Writ Petitions filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus,forbearing the respondents from making any alteration or amendments in the state wide seniority list vide Proceedings No.Na.Ka.8400/A1/2005-1 dated 29.8.06 and consequently direct to make promotions as per the said seniority list prepared pursuant to the directions of the Tamilnadu Administrative Tribunal in O.A.No.1370 of 1990 dated 11.05.1992 as confirmed by the Supreme court in SLP civil no.14519-28/94 towards with in terms of service rules applicable to the petitioner as per G.O.No.60, dated 27.4.2006 including creating of Supernumerary posts. PRAYER IN CONTEMPT PETITION:- Contempt Petition filed under Section 11 of the Contempt of Court Rules, High Court, Madras 1971 to punish the Respondents herein for the willful violation and disobedience to the orders passed by this Hon'ble Court in order dated 06.08.2009 in a Writ Appeal in M.P.No.1 of 2009 in W.A.No.911 of 2009. Prayer in M.P.No.1 of 2009 in W.A.No.911 of 2009:- Petition filed under Section 115 of the Civil Procedure Code to stay the impugned order dated 8.4.2009 made in W.P.No.24947 of 2007 on the file of this Hon'ble Court and connected matters. For Appellants : Mr.P.Wilson, Addl. Advocate General Assisted by Mr.G.Sankaran Spl. Govt. Pleader (Education) in all W.A.Nos.1173 to 1178 of 2010 and 2nd and 3rd respondents in W.A.Nos.520 to 522 of 2009 & https://hcservices.ecourts.gov.in/hcservices/ Respondents 2 & 3 in W.A.No.911 to 919/2009 & Respondents in Contempt petition No.114/2010 Mr.Ramesh for M/s.La and Law in W.A.Nos.520 to 522 of 2009 Mr.K.Appadurai in W.A.Nos.911 to 919/2009 For Respondents : Mr.M.Purushothaman in all writ appeals & Petition in Contempt petition No.114 of 2010 COMMON O R D E R THE HON'BLE THE CHIEF JUSTICE & T.S.SIVAGNANAM, J. These batch of appeals have been filed by the Government as well as private parties against the common order dated 08.04.2009 in W.P.No.24947 of 2007 etc batch and by consent they are heard and disposed of by a common order. 2. After hearing the submissions of the learned Additional Advocate General appearing for the appellant State, the other learned counsels appearing for the private parties as well as the learned counsel appearing for the respondents a consensus was arrived at among all the learned counsels to the proposal given by the learned Additional Advocate General and in view of such consensus, the writ appeals are disposed of accordingly. 3. For the purpose of disposal of these appeals, the facts which are necessary are that the respondent in the above writ appeals filed writ petitions claiming State wide seniority in the department of Public Libraries contending that as per the directions of the Tamil Nadu Administrative Tribunal and the Hon'ble Supreme Court, the Government should have created supernumerary posts to accommodate seniors and there are about 237 seniors affected and if the supernumerary posts were created as per the Court direction, the anomaly could be rectified. 4. Elaborate submissions were made before the learned single Judge and the learned single Judge by a very detailed order, allowed the writ petitions and quashed the revised seniority list dated 02.05.2007 and issued following directions:- ●Seniority list in proceedings in Na.Ka.No.8400/A1/2005 dated 29.08.2006 is ordered to be restored. ●Respondents are directed to give notional promotion to the writ petitioners who are all eligible for promotion. ●All ad-hoc promotions affected between 1996-2006 shall be re-worked based upon the seniority list dated 29.08.2006. https://hcservices.ecourts.gov.in/hcservices/ ●Respondents shall comply the entire exercise within six months from today taking State level seniority list (29.08.2006) as final and conclusive for that purpose. ●As per the seniority list, Respondents shall also consider names to promote them to Gr.I Librarian as per the rules framed. ●Promotees based on promotions made between 1996-2006 shall be reverted to their respective position. ●In view of the above directions, W.P.No.36061/2007 is dismissed. 5. Aggrieved by the said order, the present appeals have been preferred, contending that the seniority list dated 29.08.2006 does not contain the names of all those who worked in the post of Librarian Gr.II, those who retired on superannuation or on voluntary retirement and it may not be the correct seniority list of Librarian Gr.II and that the said seniority list dated 29.08.2006 does not appear to have been drawn, taking into account, the combined seniority list of Librarian Gr.II in various districts in the department. 6. The learned Additional Advocate General very fairly submitted that in order to give a quietus to the whole issue, the appellant State is willing to redo the entire exercise, so as to avoid any disputes or complaints. Further, the appellants are willing to scrape the earlier seniority list including the list dated 29.08.2007 and would publish a fresh draft seniority list within a time framed to be fixed by this Court, invite objections to the same and thereafter publish the final seniority list. This suggestion made by the learned Additional Advocate General is acceptable to all the learned counsels, who are appearing for the private respondents as well as the private appellants in these bunch of appeals. All the learned counsels submit that there is no other aggrieved person to be heard in the matter and all of those who had grievance to the seniority list are before this Court. 7. Thus taking note of the submission made and recording the consensus arrived at between the parties these appeals are disposed of with the following direction:- i)The appellant shall prepare a draft state wide seniority list of Librarian Gr.1/Inspector of Libraries within a period of two weeks from the date of receipt of a copy of this order. ii)The appellant shall publish the draft state wide seniority list by bringing to the notice of all the Librarians/Inspector of Libraries and all other persons who may be aggrieved through the District Library Officers. https://hcservices.ecourts.gov.in/hcservices/ iii)The Librarians/Inspector of Libraries and other persons aggrieved shall submit their objections, if any to the draft seniority list within a period of two weeks from the date of publication of the draft seniority list. iv)On receipt of these objections, the appellants shall consider the same and publish the final seniority list within a period of four weeks from the date of receipt of the objections from aggrieved persons . 8. With the above directions, these appeals are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 20.09.2010 pbn This Contempt Petition No.114 of 2010 set out in the list on this day in the presence of the aforesaid Counsel for both the parties and the court made the following order:- Mr.P.Wilson, learned Additional Advocate General brought to our notice,after the judgment was delivered on 20.09.2010 in Writ Appeal Nos.1173 to 1178 of 2010, 520 to 522 of 2009 and 911 to 919 of 2009, that the connected Contempt Petition No.114 of 2010 has not been closed. In view of the above, Contempt Petition No.114 of 2010 is closed. Sd/- Deputy Registrar //true copy// Sub Asst.Registrar To 1. The Secretary to Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai 600 009. 2. The Director of Public Libraries, Government of Tamil Nadu, Office of the Director of Public Libraries, Anna Salai, Chennai 600 002. https://hcservices.ecourts.gov.in/hcservices/ 3. The Sub Assistant Registrar (O.S) High Court, Madras. 1 cc to Special Government Pleader, Sr.No.69648 12 cc to Mr.M.Purushothaman, Advocate, Sr.No.69104 W.A.Nos.1173 to 1178 of 2010, 520 to 522 of 2009 & 911 to 919 of 2009 & Contempt petition No.114 of 2010 20.09.2010 and 05.10.2010 BVN {CO} TP/RH/EU/15.10.2010. https://hcservices.ecourts.gov.in/hcservices/