- (1.) HEARD the learned counsels appearing for the parties.
(2.) THE facts giving rise to the present writ petition are as follows: -Prior to 17. 11. 1984, the Assistant Public Prosecutors in the State were functioning in two separate units. The post of Assistant Public Prosecutors in mofussil were governed by the Special Rules in Class XLIX of the Tamil Nadu General Service, whereas the Assistant Public Prosecutors in Madras City were governed by Class XXXIV of the Tamil Nadu Government Service. The Government decided that both the Units should be integrated and accordingly orders were issued in G. O. Ms. No,. 2603 Home dated 17. 11. 1984 integrating the Assistant Public Prosecutors in Madras City and in Mofussil as one unit and framed common Special Rules in Class XLIX. In the aforesaid G. O. , the seniority was fixed with reference to the date of appointment in the Category of Assistant Public Prosecutors Gr. II and accordingly the Government by letter No. 15560a/courts VI/ 86-6 dated 4. 8. 1986 a Provisional Seniority List of Gr. I and Gr. II Assistant Public Prosecutors was published. At that stage, the present respondents 3 and 4 challenged the above Provisional Seniority List in W. P. No. 8394 of 1988. such writ petition was transferred to the Tribunal and renumbered as T. A. No. 326 of 1994. Similarly, W. P. No. 3552 of 1985 was filed challenging such seniority list, which was subsequently transferred and renumbered as T. A. No. 325 of 1994.
(3.) THE Tribunal on consideration of the relevant facts and circumstances, disposed of both the applications with the following directions: -32. With the above observations, T. A. 325/94 and T. A. 326/94 are ordered as follows: - The respondents are directed to prepare and publish the seniority list of All Assistant Public Prosecutors Grade-I and II for the State of Tamil Nadu, taking into account the following directions:- (i) The Assistant Public Prosecutor Grade-I (Metro) appointed before the issuance of G. O. Ms. No. 2603, Home, dated 17. 11. 84 shall be placed higher in seniority than Assistant Public Prosecutor-I in the Mofussil. (ii) Assistant Public Prosecutor Grade-II (Metro) appointed before the issuance of G. O. Ms. No. 2603, Home, dated 17. 11. 84 shall be placed below Assistant Public Prosecutor-I in the Mofussil in seniority. (iii) Assistant Public Prosecutor Grade-II (Metro) appointed before the issuance of G. O. Ms. No. 2603, Home, dated 17. 11. 84 shall be placed above Assistant Public Prosecutor-II in the Mofusill in seniority. (iv) The seniority of Assistant Public Prosecutor Grade-I and Assistant Public Prosecutor Grade-I appointed after the issuance of G. O. Ms. No. 2603, Home, dated 17. 11. 84 shall be in accordance with the dates of their regular appointment in their respective posts. Time 4 months. ;