IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.06.2011 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.Nos.49423 and 49424 of 2006 W.P.Nos.267,933,2828, 2980, 2994, 4526, 4527,5797 7431, 7432 of 2007 (O.A.Nos.4189, 4228, 5217, 5493, 5524, 5889, 5909, 7874, 7958 of 2001 and O.A.Nos.1394, 1395 and 1762 of 2002) P. BHAZEER PETITIONER in W.P.No.49423/2006 C.Thayalan PETITIONER in W.P.No.49424/2006 M.V.Thambu PETITIONER in W.P.No.267/2007 S.Manoharan PETITIONER in W.P.No.933/2007 K.Rajendran PETITIONER in W.P.No.2828/2007 K.Sundaram PETITIONER in W.P.No.2980/2007 K.Kasi PETITIONER in W.P.No.2994/2007 M.Ayyappan PETITIONER in W.P.No.4526/2007 V.Manoharan PETITIONER in W.P.No.4527/2007 P.Elumalai PETITIONER in W.P.No.5797/2007 E.Santhanakrishnan PETITIONER in W.P.No.7431/2007 R.Narayana Moorthy PETITIONER in W.P.No.7432/2007 Vs 1 THE SPECIAL COMMISSIONER AND COMMISSIONER OF REVENUE ADMINISTRATION CHEPAUK, CHENNAI -5 2 THE DISTRICT COLLECTOR T.S. DISTRICT TIRUVANNAMALAI. [ RESPONDENTS IN ALL WPS ] Prayer in all WPs: Petitions under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider the case of the petitioner for appointment to the post of Junior Assistant on conversion with effect from the date of appointment given to his juniors on 6.10.94 and fix his seniority accordingly and give consequential promotion to the petitioner and any other appropriate relief. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner in all W.Ps. :: Mr.G.Elanchezhian For Respondents in all W.Ps. :: Mr.R.Ravichandran, Addl.G.P COMMON ORDER In this batch of Writ Petitions, the petitioners filed the Original Applications before the Tamil Nadu Administrative Tribunal seeking for a direction to consider their case for appointment to the post of Junior Assistant on conversion with effect from the date of appointment given to their juniors on 6.10.94 and fix their seniority accordingly and give consequential promotion to the petitioners. 2. The Tribunal ordered Notice of Motion in the Writ Petitions. Since there was a batch of Original Applications before the Tribunal, a common reply affidavit was filed by the 2nd respondent District Collector dated 26.6.2002. 3. However, in respect of Original Application Nos.1059 and 1060 of 2002, which were transferred to this Court on abolition of the Tribunal and were duly renumbered as W.P.Nos.8367 and 8368 of 2007, they came to be listed before a learned Judge of this Court. The learned Judge by an order dated 9.9.2009 disposed of those two Writ Petitions with a direction to consider the claim of the petitioners therein for appointment to the post of Junior Assistant from the date on which their juniors were promoted, as per G.O.Ms.No.781, Revenue Department dated 25.5.1985 and to pass appropriate orders within a time frame. It is also stated that the respondents should act in accordance with the G.O.Ms.No.781 and the 2nd respondent should appoint them from the date on which their juniors were appointed. 4. It is rather unfortunate that the common reply affidavit filed by the 2nd respondent dated 26.6.2002 was never brought to the notice of this Court. This Court sent for the original file in these two Writ Petitions and found that the copy of the reply was not enclosed. A perusal of the order also shows that the same has been disposed of without the benefit of the reply. 5. But, it transpires that the G.O under which the petitioners sought for the relief came to be cancelled by the Government subsequently vide G.O.Ms.No.386, Revenue Department dated 1.10.2001. In paragraph 13 of the reply affidavit, it is averred as follows: https://hcservices.ecourts.gov.in/hcservices/ "13. Further, it is submitted that in G.O.Ms.No.386, Revenue Department dated 1.10.2001 orders have been issued for promoting the Selection Grade Village Administrative Officers directly as Assistants by cancelling the earlier G.O.Ms.No.781, Revenue Department dated 25.5.1985 providing appointment as Junior Assistant by transfer of service from Village Administrative Officers. Since the earlier orders are not in force, the O.As become infructuous and liable to be dismissed." 6. In the Government Order No.386, Revenue Department dated 1.10.2001, cancelling the earlier, in paragraph 4 it is stated that the earlier order being G.O.Ms.No.781, Revenue Department dated 25.5.1985 was cancelled. It is also stated that the persons, who were earlier appointed as Junior Assistant by transfer and also promoted as Assistant should not be affected by the cancellation order. With reference to the existing Village Administrative Officers, a direction found in para 3 of the order should be followed. 7. In the light of the same, the relief claimed by the petitioners cannot be countenanced, in view of the earlier order passed by this Court in W.P.Nos.8367 and 8368 of 2007 (O.A.Nos.1059 and 1060 of 2002) cannot be a precedent as it has been passed without the benefit of the counter and without realizing that the order which is sought to be enforced is no longer in force. Under the circumstances, all the Writ Petitions stand dismissed. No costs. The petitioners will have to work out their remedy in terms of G.O.Ms.No.386, Revenue Department dated 1.10.2001. However, there will be no order as to costs. Sd/ Deputy Registrar /true copy/ Sub Asst.Registrar ajr To 1 THE SPECIAL COMMISSIONER AND COMMISSIONER OF REVENUE ADMINISTRATION CHEPAUK, CHENNAI -5 https://hcservices.ecourts.gov.in/hcservices/ 2 THE DISTRICT COLLECTOR T.S. DISTRICT TIRUVANNAMALAI. +1cc to Govt. Pleader Sr 38274 +1cc to Mr.G.Elanchezhiyan, Advocate Sr 38079 MRD(CO) km/19.7. W.P.Nos.49423 and 49424 of 2006 W.P.Nos.933, 2980, 2994,4526, 4527, 267, 2828, 7431, 7432 and 5797 of 2007 https://hcservices.ecourts.gov.in/hcservices/