A SHANMUGAM Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) ON consent, this writ petition is taken up for final hearing.

(2.) THE writ petition is filed against the promotion order passed by the third respondent on 26.08.2009 and consequential relieving order passed by the 5th respondent on 06.09.2009 in so far as it relates to the petitioner and to quash the same and to direct the respondents to permit the petitioner to continue as selection grade Village Administrative Officer, Bosi Nayakena Halli Village, Pappyreddypatti Taluk, Dharmapuri District with all consequential monetary and other service benefits.

(3.) THE learned Additional Government Pleader for the respondents would by relying upon two G.Os. referred to in para-7 and para-13 of the counter (1) G.O.pt.No.386, Revenue Department dated 01.10.2001 and (2) G.O.No.330, Revenue Department dated 12.07.2004 would seriously oppose the petitioner's claim on the ground that as per the amendment introduced through the G.O. to the relevant rule once the petitioner exercised his option for promotion the same cannot be withdrawn at later date. THE learned Additional Government Pleader has also produced the copies of the G.Os. introducing one such instruction. But, in the considered view of this Court, the G.O. having the particular clause cannot have the effect of introducing any amendment to Rule 47. When the rule does not contain one such stipulation any amendment to the said Rule can be introduced not by way of G.O., but only by way of another rule in the manner known to law, as such the respondents cannot take shelter under the G.O. to defend the impugned order.