Madras High Court
Anbarasi vs / on 20 November, 2023
W.P.No.15407 of 2021 & batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. Nos.15407, 15334, 15563, 15427, 15556, 15426, 22987, 15413, 15585,
15587 & 15593 of 2021
and W.M.P.Nos.16303, 16222, 16333, 16474, 16482, 24194, 16331, 16310,
16503, 16508 & 16512 of 2021
W.P.No.15407 of 2021
and W.M.P.No.16303 of 2021
Anbarasi ... Petitioner
/vs/
1. The State of Tamil Nadu
represented by The Principal Secretary to Government,
Social Welfare and Women Empowerment Department,
(Formerly known as Social Welfare & Nutritious Meal
Programme Department)
Fort St. George,
Chennai – 600 009.
2. The Director,
Directorate of Social Welfare,
Panagalmaligai, 2nd floor,
Saidapet,
Chennai – 600 015. ... Respondents
Page 1 of 8
https://www.mhc.tn.gov.in/judis
W.P.No.15407 of 2021 & batch
Writ Petition is filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records relating to the
proceedings G.O.(3pa) No.3 dated 18.09.2020 Social Welfare & Nutritious
Meal Programme (SW1) Department issued by the first respondent and quash
the same as far as not following the Adhoc Service Rules and quota rota in
fixing the ration between the Direct recruitment and Promotion in the cadre
of Assistant Director and consequently to direct the respondents to appoint
the petitioner in the cadre of Assistant Director as per the Adhoc Rules
maintaining the quota for the promotees from among the CDPOs.
For Petitioner ... Mr.U.Karunakaran
For Respondents ... Mr.G.Nanmaran,
Special Govt. Pleader
COMMON ORDER
These writ petitions are filed to call for the records relating to the proceedings in G.O.(3Pa) No.3 dated 18.09.2020 Social Welfare & Nutritious Meal Programme (SW1) Department issued by the first respondent and quash the same and consequently to direct the respondents to appoint the petitioner in the cadre of Assistant Director as per the Adhoc Rules maintaining the quota for the promotees from among the CDPOs. Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15407 of 2021 & batch
2. The part of the petitioners' prayer has already been granted in view of the issuance of G.O.(3pa) No.5 Social Welfare and Women Empowerment Department (SW1) dated 24.03.2022, through which the petitioners got the post of Assistant Director.
3. However Mr. U.Karunakaran, the learned counsel for the petitioners insisted that the petitioners' seniority ought to have been fixed in accordance with Quota rota system and in which the petitioners can be placed in a better position in the seniority list and that was not done so far. As per G.O.(3pa) No.3 dated 18.09.2020 the vacancy for the year 2019-2020 is estimated as four vacancies and out of which three vacancies are notified to be filled by direct recruitment and one is reserved for recruitment by transfer. The grievance of the petitioner is that even during that year the requisite quota which should be reserved for the promotees was not given.
4. Mr.G.Nanmaran, learned Special Government Pleader submitted that due to administrative contingencies, the promotees have already been Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15407 of 2021 & batch promoted on Adhoc basis in large numbers to the post of Assistant Director and as per the Adhoc rules, if the promotees have been promoted more than the numbers for which they are entitled in accordance with the roaster system, on appointment of the direct recruits to the required numbers, the promotees will be reverted back to their old position. However, in most of the departments, such embarrassment is avoided to the extent possible by taking into consideration of their function done towards the higher cadre. As the ad-hoc promotees had risen up to beat the administrative exigencies despite having a risk of reversion, the Government would try to accommodate them in permanent vacancies against their quota as soon as it arises.
5. It is the submission of the petitioners that the respondents did not consider the vacancies as against their quota. The claim of the petitioners can be canvassed well only if they can demonstrate how many posts are allotted to the promotees and for direct recruits out of the entire cadre strength of Assistant Director and the posts to be allotted to the category by recruitment by transfer in accordance with the roaster. Such an exercise can be done only Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15407 of 2021 & batch by the respondents after taking into consideration of various facts and the types of promotion given to the existing Assistant Directors.
6. However the petitioners have raised a reasonable grievance that whenever the vacancies arises for direct recruits, they are recruited and they are placed in the seniority list en masse above the promotees and that obstructs the opportunities for the promotees to be elevated to the next position in their career. When a proportion is fixed and roaster points are given, it is obligatory on the part of the respondents to place the direct recruits and the promotees only in accordance with 100 point roaster which is being followed. However the roaster is not available before the Court for a better appreciation. But only if the respondents could do the direct recruitment, recruitment by transfer and promotion as against the respective quota each year, such contingencies can be avoided. The delay caused in recruiting the direct recruits creates a situation where the promotees need to be promoted on adhoc basis to execute the functions of the higher part and later gets reverted when direct recruits are recruited as against their allotted quota.
Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15407 of 2021 & batch
7. In view of the above reasons, the petitioners are at liberty to make a representation to the respondents and request the respondents to consider their placement as against the roaster points fixed for each category as per the rules enforced in this regard and on receipt of the same, the respondents shall consider and pass orders in accordance with the rules of seniority governing the petitioners.
8. Thus, these Writ Petitions are disposed. No costs. Connected miscellaneous petitions are closed.
20.11.2023 Index: Yes / No Speaking order / Non-speaking order bkn Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.15407 of 2021 & batch To:
The Principal Secretary to Government, Social Welfare and Women Empowerment Department, (Formerly known as Social Welfare & Nutritious Meal Programme Department) Fort St. George, Chennai – 600 009.
2. The Director, Directorate of Social Welfare, Panagalmaligai, 2nd floor, Saidapet, Chennai – 600 015.Page 7 of 8
https://www.mhc.tn.gov.in/judis W.P.No.15407 of 2021 & batch R.N.MANJULA ,J.
bkn W.P. Nos.15407, 15334, 15563, 15427, 15556, 15426, 22987, 15413, 15585, 15587 & 15593 of 2021 20.11.2023 Page 8 of 8 https://www.mhc.tn.gov.in/judis