Madras High Court
P.Thiruvarul vs The Government Of Tamil Nadu on 2 March, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.Nos.4574, 4579, 4581, 4585,
4587 & 4588 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.Nos.4574, 4579, 4581, 4585, 4587 & 4588 of 2022
P.Thiruvarul ... Petitioner in W.P.4574/2022
vs.
1.The Government of Tamil Nadu,
By its Chief Secretary, Fort St.George,
Chennai – 600 009.
2.The Secretary to the Government,
Public Works Department,
Fort St.George,Chennai – 600 009.
3.The Secretary to the Government,
Adi-Dravidar and Tribal Welfare Department.
Fort St.George, Chennai – 600 009. ... Respondents in WP.4574/2022
Prayer in W.P.No.4574/2022: Writ Petition filed under Article 226 of the
Constitution of India praying for issuance of a Writ of Mandamus, directing
the respondents herein to consider the representation dated 16.12.2021
submitted by the petitioner, and to initiate appropriate action.
For Petitioner : Mr.J.Thilagaraj
For Respondents : Mr.P.Balathandayutham
Special Government Pleader
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W.P.Nos.4574, 4579, 4581, 4585,
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COMMON ORDER
All the writ petitions have been filed for issuance of Mandamus directing the respondents to consider the petitioners' representation and to pass appropriate orders.
2. The issues involved in all the writ petitions are one and the same, and hence, this court passes the common order.
3. The case of the petitioners in brief is as follows:
The petitioners are working as Executive Engineer/Assistant Executive Engineer in various Government Departments and they belonged to Scheduled Caste. In the year 2016, with a noble intention of widening the sweep of social justice, the Government of Tamilnadu enacted "Tamil Nadu Government Servants (Condition of Service) Act, 2016", which paved way for reservation in promotion with consequential seniority. Certain parties approached this court by filing writ petitions to declare the above Act, especially Sections 40(1), 1(2) and 70 of the Act as illegal. The above writ petitions were allowed by a Division Bench of this court, Vide order dated 15.11.2019, and Sections 40(1), 1(2) and 70 of the said Act were struck 2/7 https://www.mhc.tn.gov.in/judis W.P.Nos.4574, 4579, 4581, 4585, 4587 & 4588 of 2022 down. The Government of Tamilnadu approached the Supreme Court challenging the above judgment, and it was dismissed by the Supreme Court on 06.07.2020. As a result of dismissal, the Government had to prepare a revised seniority list of the employees, discarding reservation. By the formulation of a revised seniority list sans reservation, the petitioners have to lose their existing seniority.
3.1. In similar circumstances, the Act of Karnataka Government was challenged before the Supreme Court in a case in B.K.Pavitra Vs. Union of India (2017-4SCC-620) and the Supreme Court struck down the Act by holding that the exercise of determining i) Inadequacy, ii) Backwardness, and
3) Over-all efficiency are mandatory for providing consequential seniority and since no such exercise was not carried out, the Act was illegal.
Subsequently, the Government of Karnataka formed a Committee headed by Mrs.Ratna Prabha, Additional Chief Secretary to Government of Karnataka, to evaluate and collect the date on inadequacy of representation of SC/STs in the higher level posts, their backwardness and the impact of the reservation in promotion over the general efficiency. Based on the report submitted by Ratna Prabha Committee, in the year 2017, the Government of Karnataka 3/7 https://www.mhc.tn.gov.in/judis W.P.Nos.4574, 4579, 4581, 4585, 4587 & 4588 of 2022 passed the "Karnataka Extension of Consequential Seniority to Government Servants Bill, 2017". The President of India also accorded his assent to the said Bill. Though the Bill was challenged before the Supreme Court, it was upheld by the Bench of Supreme Court by delivering a landmark judgment in B.K.Pavitra Vs. Union f India reported in 2019-16-SCC-129.
3.2. Therefore, the petitioners gave their individual representations before the Government to make necessary proposal for forming a Committee, as was done by the Karnataka Government, under the Chairmanship of any capable retired; or in-service bureaucrat; or a retired Judicial officer to evaluate, determine and quantify the inadequacy of representation of SC/ST people in the higher categories and consequently to formulate and bring in pertinent legislations, based upon such report of Committee. But no action has been forthcoming in this regard. Hence this writ petition.
4. Already, writ petitions were filed and this court vide order dated 15.11.2019 has struck down the Sections 40(1), 1(2) and 70 of the Tamil Nadu Government Servants (Condition of Service), Act, 2016. The above order was also confirmed by the the Hon'ble Supreme Court, in the Appeal 4/7 https://www.mhc.tn.gov.in/judis W.P.Nos.4574, 4579, 4581, 4585, 4587 & 4588 of 2022 filed by the Government. Now, the petitioner seeks for Constitution of a Committee to provide reservations for the SC/ST people in the higher level posts. These are all the decisions taken by the Government as policy decisions and this court cannot pass any specific direction to the Government to take appropriate decision on the petitioners' representation. Further, it is for the Government to take appropriate decision on the petitioners' representation. Therefore, this court is not inclined to entertain the writ petitions.
5. Accordingly, the writ petitions in W.P.Nos.4574, 4579, 4581, 4585, 4587 and 4588 of 2022 are dismissed. No costs. However, it is open to the petitioners to seek their remedy before the first respondent, in the manner known to law.
02.03.2022
Index : Yes / No
Internet : Yes / No
mst
To
1.The Chief Secretary,
Fort St.George,Chennai – 600 009.
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W.P.Nos.4574, 4579, 4581, 4585,
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2.The Secretary,
Public Works Department, Fort St.George, Chennai – 600 009.
3.The Secretary, Adi-Dravidar and Tribal Welfare Department. Fort St.George, Chennai – 600 009.
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