(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellants and the learned Additional Advocate General on the order passed by the learned Single Judge vacating the interim order already passed.
2. It appears from the submissions made that these appellants and respondents 2 to 29 were appointed during the year 2007 as Assistants, thereafter, these appellants were promoted alongwith other respondents as Assistant Section Officers and thereafter, it appears that to the disadvantage of these appellants, respondents 2 to 29 were said to have been promoted as Section Officers. Whileso, when the matter was taken up by the learned Single Judge the order of interim stay enjoyed by the appellants herein was vacated and hence, they have come up with the present writ appeal.
3. On the other hand, the stand of the Government, as submitted by the learned Additional Advocate General is that since the interim order was stalling the promotion of various vacancies, the order of stay was sought to be vacated.
4. However, the grievance of the appellants is that they are senior to respondents 2 to 29 and there is personal discrimination in the matter of giving promotion under the pretext of filling up the vacancies, but, that was not properly considered by the learned Single Judge. It is further submitted that there is a likelihood of some more persons getting promotion, who are also juniors to the appellants and hence, the appellants seek indulgence of this court.
5. Be that as it may, the present writ appeal is filed challenging the order vacating the interim stay that was stalling various promotions. Therefore, there is no meaning in keeping the appeal pending for a long period, rather, in view of the submission made by the learned Additional Advocate General, promotions, if any effected, would be subject to the result of the writ petition, we are of the view that the promotions given to the promotees in the present case would be only subject to the outcome of the main writ petition. Their contentions as well as the contentions of the appellants will have to be adjudicated in the main writ petition. The promotions given now would be in the nature of temporary ones and it would not take away the rights of the appellants, if they are senior to the present promotees and their rights would be protected in accordance with law.
6. With the above observation, we make it clear that it is for the learned Single Judge to take up the main case of the appellants as well as the respondents who have been promoted to the prejudice of these appellants, on priority basis, after giving notice to all the parties concerned. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petition is closed.
(H.G.R.,J.)(T.K.R.,J.) 5.9.2017.
Index:Yes/No Internet:Yes/No ssk.
To:
The Government of Tamil Nadu Rep by its Secretary Personnel and Administrative Reforms Department Secretariat Chennai-600 009 HULUVADI G. RAMESH, J.
AND RMT.TEEKAA RAMAN, J ssk.
W.A.No.1005 of 2017 5.9.2017.