IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 18.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition Nos.34226 to 34229, 38189 and 38190 of 2006 1.E.Balu, 2.S.Muthusamy, 3.M.Govindaraju. .. Applicants in W.P.No.34226/06 1.D.Rajendiran, 2.R.Chandran. .. Applicants in W.P.No.34227/06 1.T.Masilamani, 2.R.Kandasamy. .. Applicants in W.P.No.34228/06 1.S.Natarajan, 2.A.Madhesan. .. Applicants in W.P.No.34229/06 V.A.Govindan. .. Applicant in W.P.No.38189/06 A.Madhesan. .. Applicant in W.P.No.38190/06 -Vs.- 1.The Director of Survey and Settlement, Chennai-600 005. 2.The Assistant Director of Survey and Land Records, Salem. .. Respondents 1 and 2 in all W.Ps. S.M.Ponnusamy. .. 3rd Respondent in W.P.No.38189/06 Original Application Nos.10289, 10591, 10479, 10012 of 1998 were filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for records of the second respondent made in Na.Ka.A4/17309/98(1) dated 26.11.98 and quash the same in so far as the applicants are concerned. Since the Tamilnadu Appellate Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions. https://hcservices.ecourts.gov.in/hcservices/ Original Application Nos.5267 and 5268 of 1999 were filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for records of the second respondent made in Na.Ka.A4/19065/98(3) dated 31.8.1999 and Na.Ka.A4/19065/98(1) dated 26.11.1998 and quash the same in so far as the applicants are concerned. Since the Tamilnadu Appellate Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions. For petitioner in all W.Ps. : Mr.Vinoth For respondents in all W.Ps. : Mr.S.Sivashanmugam, Government Advocate COMMON ORDER Original Application Nos.10289, 10591, 10479, 10012 of 1998 were filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for records of the second respondent made in Na.Ka.A4/17309/98(1) dated 26.11.98 and quash the same in so far as the applicants are concerned. Since the Tamilnadu Appellate Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions. 2. Original Application Nos.5267 and 5268 of 1999 were filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to call for records of the second respondent made in Na.Ka.A4/19065/98(3) and Na.Ka.A4/19065/98(2) both dated 31.8.1999 and quash the same in so far as the applicants are concerned. Since the Tamilnadu Appellate Tribunal was abolished, the O.As. were received by transfer and numbered as Writ Petitions. 3. The brief facts of the cases are as follows:- Petitioner in each one of the cases challenged the order of reversion passed in so far as the petitioners are concerned consequent to the order of the Tamil Nadu Administrative Tribunal in its order dated 6.11.98 in O.A.Nos.6659 to 6668 of 1996. 4. Petitioners were sponsored through the Employment Exchange. They were appointed as surveyors (consolidated pay) in the year 1983 or thereabouts in Salem District under the second respondent. Subsequently, they were brought into regular time scale of pay and their services were regularised. Thereafter, they were promoted as Firka Surveyors in the years 1988-1991 under G.O.No.626 dated 16.4.1990. 5. Some of the colleagues of the petitioners filed O.A.Nos.6659 to 6668 of 1996 claiming seniority over and above the respondents 4 to 16 in the said Original Applications who are juniors in service and holding the posts of surveyors, draftsmen, https://hcservices.ecourts.gov.in/hcservices/ land record in the same District. The said Original Applications were dismissed by the Tribunal and the matter was taken up on appeal to the Division Bench of this Court and by a common order dated 26.8.2003 passed in W.P.Nos.18619, 18620, 18621, 18632, 18633, 18638, 18653, 18505, 18506 and 19737 of 1998 the Division Bench of this Court accepted the claim of the similarly placed employees, set aside the order of the Tribunal and allowed the Original Applications as follows:- "We have pointed out earlier that the principle of original seniority adopted by the Government was solely based on the orders of the Tribunal which orders we have already analysed. In our opinion, the respondents went completely wrong in accepting the original seniority in the cadre of consolidated pay surveyors. We are, therefore, of the firm opinion that the petitions must succeed and the order of the Tribunal must be set aside. It is accordingly set aside. The original applications are directed to be allowed. Under the circumstances, however, we do not propose to order the costs. Rule is made absolute in the above terms." The Division Bench of this Court held that the similarly placed Government Employees earned time scale of pay and promotion even prior to the respondents 4 to 16 in the said Original Applications and therefore, their seniority should not be disturbed after a long period of time. 6. Learned counsel for the Petitioner pointed out that since the order of the Tribunal has been set aside by the Division Bench of this Court, the order of reversion passed in the present cases which are also based on the order of the Tribunal dated 6.11.1998, the impugned orders deserve to be set aside. 7. Heard Mr.S.Sivashanmugam, learned Government Advocate appearing for the respondents in all the writ Petitions. 8. Factually there seems to be no confusion. Inasmuch as the petitioner in all the cases were appointed in the year 1983 or thereabouts as Surveyor (consolidated pay) and have been brought on time scale of pay. Their services were regularised and promoted pursuant to G.O. referred to above. The impugned proceedings have been passed only on the basis of the order of the Tribunal as could be seen from the impugned proceedings in each one of the cases. Since the order of the Tribunal has been set aside by the Division Bench of this Court, the reversion order passed based on such Tribunal order cannot be sustained and accordingly the impugned proceedings are set aside. The Writ https://hcservices.ecourts.gov.in/hcservices/ Petitions are allowed. No order as to costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ts To 1.The Director of Survey and Settlement, Chennai-600 005. 2.The Assistant Director of Survey and Land Records, Salem. + 1 cc to Government Pleader,SR.12845 + 1 cc to Mr.L.Chandra Kumar,Advocate,SR.11414 W.P.No.34226 to 34229, 38189 and 38190 of 2006 KA(CO) EM/9.3.10 https://hcservices.ecourts.gov.in/hcservices/