SYED MOHIDEEN Vs. GOVT OF T N

JUDGEMENT

(1.) The question which arises lor decision before this Full Bench is whether Government Order No. 783 issued by the Rural Development Department on 30th April, 1981 giving effect to the guidelines with regard to the determination of seniority of persons who were appointed in the Panchayat Development Units in the Tamil Nadu Ministerial Service is constitutionally valid, Since the impugned Government Order was issued by the Government admittedly with a view to give effect to the decision of a learned single Judge of this Court in W.P. Nos.401, 402 and 403 of 1975 decided on 12-12-1977, which was confirmed by a Division Bench of this Court while disposing of Writ Appeals Nos. 394 to 396 of 1979, filed by the State Government, District Collector of Salem, and the Director of Rural Development, Madras, and since the contentions raised on behalf of the appellant in W.A, No. 462 of 1984, which was taken up along with the writ petitions which raise the same point, challenge the correctness of the judgment of the learned single Judge as confirmed by the Division Bench, this Full Bench is necessarily called upon to consider the correctness of the view of the learned single Judge, as confirmed by the Division Bench of this Court.

(2.) At the very outset it may be stated that at. the instance of three petitioners. G.O.Ms. No.862, dt.27-4-1968. which dealt with Managers and Accountants, who were appointed subsequent to 16-10-1964, was called in question, because, according 10 the petitioners before the learned Judge, G.O.Ms. No.862 was given effect to and the petitioners were reverted from the post of Manager to the post of Accountant, Panchayat Union. The learned Judge by his order, to the details of which we shall refer later, held that the reversions were bad and that the petitioners before him were entitled to seniority on the basis of the dates on which they had acquired the requisite qualifications prior to their being posted as Managers.

(3.) In order to appreciate the controversy which has given rise to the several writ petitions filed in this Court consequent upon the Government issuing G.O. Ms. No. 78.3, dt. 30th April, 1981, it is necessary to state certain earlier events and make a reference to the several steps taken by the State of Tamil Nadu while absorbing the erstwhile employees of the District Boards and other Local Authorities by the constitution of three different cadres known as (i) Panchayat Development Unit under the Madras Ministerial Service; (ii) Madras Gram Sevak Service; and (iii) Madras Panchayat Development Subordinate Service.