IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 08.02.2010 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.No.33767 of 2006 (O.A.No.10360 of 1998) K.Palani .. Petitioner vs 1.The Secretary to Government, Health and Family Welfare Department, Chennqi -9. 2.The Director of Family Welfare Department, Chennai 6. 3.Thiru U.Arumugham .. Respondents PRAYER: Original Application No.10360 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to call for the records in connection with Ref.No.12972/FW/A4/97 dated 4.12.1998 of the Director of Family Welfare, Chennai 6 and to set aside the same. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A was received by transfer and numbered as Writ Petition. For Petitioner ... Mr.S.Ilamvaludhi For 1st and 2nd Respondents ... Mr.B.Vijay, Govt. Advocate O R D E R Original Application No.10360 of 1998 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to call for the records in connection with Ref.No.12972/FW/A4/97 dated 4.12.1998 of the Director of Family Welfare, Chennai 6 and to set aside the same. Since the Tamil Nadu Administrative Tribunal was abolished, O.A was received by transfer and numbered as Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner was appointed as Artist cum Photographer and he was promoted as Senior Artist pursuant to the orders of the Government issued in G.O.(3D) No.13 Health and Family Welfare Department (R2) dated 5.3.1997. One Arumugham also working as Artist cum Photographer claimed that his name should be considered for promotion to the post of Senior Artist in next vacancy and approached the Tribunal for such relief. While considering the order of the Tribunal passed, in respect of Arumugam, the department reverted the petitioner from the post of Senior Artist to Artist cum Photographer and promoted U.Arumugam as Senior Artist in Ref.No.12972/FW/A4/97 dated 4.12.1998. Aggrieved by the said order, the petitioner has filed the present Original Application and renumbered as writ petition. Interim stay of the reversion proceedings was granted and the petitioner is continuing in the said post. 3.The contention raised by learned counsel for petitioner is that Tribunal never set aside the promotion of the petitioner as senior artist, even though he was party in O.A No.2800 of 1997 dated 24.02.1998. The Tribunal held that the case of one Arumugam has to be considered in the next vacancy. The order of the Tribunal has been misconstrued and the impugned order has been passed. 4.In view of the order of the Tribunal as above the impugned proceedings reverting the petitioner to the post of Artist cum Photographer, without setting aside G.O.(3D) No.13 Health and Family Welfare Department (R2) dated 5.3.1997 is bad. The petitioner was not served with a notice before revision. No Rule is relied upon to show as to how the petitioner can be reverted while the G.O.(3D) No.13 Health and Family Welfare Department (R2) dated 5.3.1997 is still in force. The order of reversion passed by the Director of Family Welfare is contrary to law and the above stated G.O. The impugned order has been passed by an authority exceeding his jurisdiction and it is bad in law. The impugned order passed by the second respondent is therefore set aside. 5.The writ petition is allowed accordingly. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. cla https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government, Health and Family Welfare Department, Chennqi -9. 2.The Director of Family Welfare Department, Chennai 6. + 1 cc to Govt., Pleader, Cc Sr 8082 W.P.No.33767 of 2006 MRD (CO) RH (5.3.10) https://hcservices.ecourts.gov.in/hcservices/