IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 2.7.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.20378 of 2006 (T) O.A.No.5195 of 1995 Dr.J.Doraisamy .. Petitioner vs. 1. The State of Tamil Nadu rep. by the Secretary to Government Animal Husbandary and Fisheries (AH-7) Department, Fort St. George madras-9 2. The Director of Animal Husbandry Central Office Building Block No.2 Madras-6 3. Dr.V.Chitravel .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records on the file of the first respondent in connection with the order passed by him in his proceedings G.O.Ms.No.165, dated 22.8.1995, and quash the same. For petitioner : Mr.R.Singaravelan For Respondents : Mr.T.Sreenivasan, A.G.P Government Advocate O R D E R The petitioner has stated that he was, initially, selected for appointment to the post of Veterinary Assistant Surgeon, through the Tamil Nadu Public Service Commission, on merits and he had joined https://hcservices.ecourts.gov.in/hcservices/ service on 12.1.1968. He was directly recruited to the post of Disease Investigation Officer, in the cadre of Assistant Research Officer, in the year 1971 and he was further promoted to the post of Research Officer, on 20.3.1978. Thereafter, he was promoted to the post of Senior Research Officer in the year, 1986 and he has been working as such from 28.7.1986. 2. The petitioner has further stated that the post of Senior Research Officer is a feeder category for appointment to the post of Director, Institute of Veterinary Preventive Medicine, Ranipet, as per the special Rules for Tamil Nadu Animal Husbandry Service revised and re-issued in G.O.Ms.No.1930, Agriculture, dated 8.10.1987. Since the petitioner was not fully qualified for appointment by promotion to the post of Director, Institute of Veterinary Preventive Medicine, Ranipet, as per the said special Rules, the second respondent had requested the first respondent to relax the special Rules in favour of the petitioner for being promoted to the post of Director, Institute of Veterinary Preventive Medicine, Ranipet, as there was no other person qualified for such promotion, after the post had fallen vacant. The Government, after careful consideration, was pleased to pass an order in G.O.Ms.No.1063, dated 20.5.1988, accepting the request of the second respondent and promoting the petitioner as Director, Institute of Veterinary Preventive Medicine, Ranipet, in category 2 of Clause II of Tamil Nadu Animal Husbandry Service, with effect from the date of the petitioner taking charge of the post. Following the said Government order in G.O.Ms.No.1063, dated 20.5.1988, a notification had also been published in the Tamil Nadu Government Gazette and the petitioner had taken charge of the promoted post, on 25.5.1988. While so, the first respondent had passed an order in G.O.Ms.No.165, dated 22.8.1995, reverting the petitioner from the post of Director to the post of Senior Research Officer. By the same order, the third respondent had been promoted to the post of Director, in the light of the order passed by the Tamil Nadu Administrative Tribunal. In such circumstances, the petitioner has filed an original application in O.A.No.5195 of 1995, which has been transferred to this Court and renumbered as W.P.No.20378 of 2006. 3. At the time of the hearing of the writ petition, the learned Government Advocate appearing for the respondents had placed before this Court a communication from the Commissioner of Animal Husbandry and Veterinary Services, Chennai, in Roc.No.88529/C2/95.1, dated 30.6.2008, which is as follows: I wish to state that Dr.J.Duraisamy, filed an Original Application against the order of reversion from the post of the Director, Institute https://hcservices.ecourts.gov.in/hcservices/ of Veterinary Preventive Medicine, Ranipet to the post of Senior Research Officer ordered vide G.O.165, Animal Husbandry & Fisheries (AH 7) Department, dated 22.8.1995 based on the orders of the Hon'ble Tamil Nadu Administrative Tribunal in an original application filed by Dr.V.Chitraivel, Senior Research Officer, Institute of Veterinary Preventive Medicine, Ranipet. The reply affidavit for the above said original application has already been filed before the Hon'ble Tamil Nadu Administrative Tribunal. In the meantime, vide G.O.No.212, Animal Husbandry, Dairying and Fisheries (AH7) Department, dated 17.10.1995 a post equivalent to the post of Director, Institute of Veterinary Preventive Medicine, Ranipet, was created on supernumerary as Director, Central Referral Laboratory, Saidapet, Chennai-35, and posted the petitioner as Director, Central Referral Laboratory, Saidapet, and he joined duty on 18.10.1995 F.N. In the meantime, the counter petitioner Dr.C.Chitraivel, the then Director of Institute of Veterinary Preventive Medicine, Ranipet, died on 13.5.1998. Consequently the petitioner was transferred and posted as Director, Institute of Veterinary Preventive Medicine, Ranipet, where he served till the date of his Superannuation. So, the prayer of the petitioner was already complied by creating a supernumerary post and subsequently he was posted to the same post i.e., Director of Institute of Veterinary Preventive Medicine, Ranipet. So, the question of reversion does not arise. I therefore, request you to appraise the Hon'ble High Court of Madras to dismiss the writ petition filed by Dr.J.Duraisamy, as infructuous." 4. The learned counsel appearing for the petitioner had not refuted the facts stated in the said communication of the Commissioner of Animal Husbandry and Veterinary Services, Chennai, dated 30.6.2008. https://hcservices.ecourts.gov.in/hcservices/ 5. Recording the submissions made in the said communication of the Commissioner of Animal Husbandry and Veterinary Services, Chennai, dated 30.6.2008, the writ petition stands closed as no further orders are required to be passed in the writ petition. No costs. Sd/ Asst. Registrar /true copy/ Sub Asst. Registrar lan To: 1. The Secretary to Government of Tamil Nadu Animal Husbandary and Fisheries (AH-7) Department, Fort St. George madras-9 2. The Director of Animal Husbandry Central Office Building Block No.2 Madras-6 +1 cc to Mr.R.Singaravelan, Advocate, SR.No.34497 1 cc To The Government Pleader, SR.34497 W.P.No.20378 of 2006 (T) O.A.No.5195 of 1995 SS (CO) SMK/14.7.08 https://hcservices.ecourts.gov.in/hcservices/