Madras HC: Decision of Apex Court to be followed for Promotion of Posts in Revenue Departments and Others

Madras HC: Decision of Apex Court to be followed for Promotion of Posts in Revenue Departments and Others.

The Madras High Court, on 29th October, 2020, two judges bench comprising of Hon'ble Chief Justice Mr. A.P. Sahi, and Justice Mr. Senthil kumar Ramamoorthy, observed, "the learned Single Judge (Madurai) ought to have decided this issue instead of delving into the request of any interim arrangement at this stage, in as much as once the correct position of law is declared, the Government would be bound by it.

The impact of the judgment of the Apex Court dated 11th November, 2018 would therefore be binding, but the challenge raised to Revenue and Disaster Management Department, Services Wing, (RDMDS) [Ser.3(2)] Section, dated 6th March, 2019 has to be resolved without waiting any further."

The question before Madras High court was that whether, RDMD, Service Wing, 6th March 2019 is in conformity with the said judgment or not to, which a challenge is said to have been raised before the learned single judge.

The brief facts of the case, the learned single judge by the order dated 29th September, 2020 had vacated the earlier interim order, and in further modification arrived at the conclusion that since the panels which are to be drawn up in terms of the directions issued by the Apex Court on 11th September, 2018 [Government of Tamil Nadu v. Registration Department SC/ST and MBC Employees General Welfare Sangam and another], etc, is likely to take a lot of time and would be a herculean task, temporary promotions should be permitted to be made and the same shall be subject to the final decision of the writ petition.

The learned Single Judge has, however, adjourned all the writ petitions sine die.

The Madras high court after examination found that the Single judge himself had indicated two different opinions on an issue arising out of a common adjudication by the Apex Court.

However the learned State Government Pleader contended that in the case of Registration Department, since the involvement is of a very few employees, the undertaking given therein was to finalize the panel within a short period of three months, whereas in the Revenue Department, which concerns the present appeal, the task would be herculean keeping in view the long years of service records which have to be scanned for the purpose of reviewing the exercise as directed by the Apex Court.

Mrs. Nalini Chidambaram, learned senior counsel for the respondents (Secretary to Government, Department of Revenue and Disastrous Management and Principal Secretary/Commissioner of Revenue Administration) submitted RDMDS dated 6th March, 2019 had issued to purportedly implement the judgment dated 11th September, 2018 is erroneous, in as much as under the garb of the judgment of the Apex Court and the said Government Order, the State Government is proceeding to reopen and review all matters almost 14 years hence. It was contended that the Supreme Court by the judgment dated 11.9.2018 did not allow any retrospective operation of the said exercise, and rather it directed only a prospective operation.

The Court found that the entire exercise and the dispute in a challenge raised to RDMD, Services Wing, [Ser.3(2)] Section, the nature of the interim order which was passed, is dependent upon the impact of the judgment of the Apex Court.

The Madras High Court held, that there was no justification for the writ petitions to have been adjourned sine die after vacating the interim order in the matter of Revenue Department, when the interim order passed in respect of the Registration Department indicates otherwise.

It was evident from the judgment of the Apex Court that promotion to the post of Deputy Tahsildar (Revenue Department), Assistant Commercial Tax Officer (Commercial Tax Department) and the Sub Registrar Grade II (Registration Department) are all to be governed by the said decision. The Court stated, "this conflict, therefore, can be in our opinion resolved with a request to the learned Single judge to decide both the matters simultaneously keeping in view the legal issues pertaining to the challenge raised RDMD, Services Wing, [Ser.3(2)] Section, dated 6.3.2019, and we therefore dispose of this writ appeal with a request to the learned Single Judge to dispose of all the matters simultaneously."

With the aforesaid observations and directions issued, the court directed the State Government not to implement any promotion orders till final disposal of the writ petitions.