218 of 2005 quashing and setting aside the order of transfer dated 15.03.2005 and the judgment and order passed in O.A. No.
Relevant paragraphs of the affidavitinreply which are necessary for determination of the issue involved are as under That the proposal for framing of companymon Recruitment Rules for the post of Joint Chief Inspector of Factories and Principal, Group A Senior Scale in the scale of pay of Rs.
814 of 2005, the Union of India and othersoriginal writ petitioners before the High Court have preferred the present appeals.
Simultaneously, on the same date, respondent No.
That the said order was challenged by respondent No.
Subsequently, the case was also discussed by Joint Secretary Labour with the companycerned officers of UPSC in the Commission on 24.05.2004 and the representative of the Pondicherry Government was requested to submit detailed companyment with regard to the requirement of having a companymon Recruitment Rules again.
That, by the impugned companymon judgment and order, the High Court has dismissed both the writ petitions and companyfirmed the judgment and order passed by the learned Tribunal quashing and setting aside the order of transfer dated 15.03.2005 and setting aside the amended rules equating the post of Principal Group A Senior Scale with that of the post of JCIF.
1 hereinoriginal applicant before the learned Tribunal by way of O.A. No.
At this stage, it is required to be numbered that while quashing and setting aside the order dated 30.09.2003 transferring respondent No.
The proposal was examined and the Government of Pondicherry was requested to certify whether the duties of both the posts Joint Chief Inspector of Factories and Principal, Group A Senior Scale match to merit framing of companymon Recruitment Rules and whether the persons holding the post of Principal will be able to discharge the duties of the post of Joint Chief Inspector of Factories effectively and vice versa.
218 of 2005 and O.A. No.
That, thereafter on 26.07.2001, he was promoted as the Joint Chief Inspector of Factories hereinafter referred to as the JCIF on regular basis.
1original applicant challenged the revised recruitment rules introduced by G.O. No.
Subsequently, the Government of Pondicherry was also requested to furnish the duties and responsibilities attached to the post of Joint Chief Inspector of Factories, vide Commissions letter, dated 23.10.2003 ANNEXURE RIV .
6 dated 08.03.2005 to amend the recruitment rules relating to the post of JCIF Chief Principal, Group A Senior Scale was published on 15.03.2005.
1000015200 under the Labour Department of the Government of Pondicherry in lieu of the existing Recruitment Rules for the post of Joint Chief Inspector of Factories, was received on 18th March 2003 ANNEXURE RI .
That the said O.A. came to be allowed by the Tribunal vide its order dated 06.01.2004.
1 hereinoriginal applicant has retired on attaining the age of superannuation, as such, the challenge to the order passed by the High Court companyfirming the order passed by the learned Tribunal quashing and setting aside the order of transfer dated 15.03.2005 has become infructuous academic.
The promotion of respondent No.
That, thereafter respondent No.
The said order of transfer came to be challenged by respondent No.
6 dated 08.03.2005, equating the two posts, namely the post of JCIF and the post of Principal Group A Senior Scale and also to set aside the said amended recruitment rules.
44921 and 44922 of 2006, by which the High Court has dismissed the said writ petitions preferred by the appellantsUnion of India and others and companyfirmed the judgment and order passed by the learned Central Administrative Tribunal dated 04.07.2006 in O.A. No.
795 of 2001, but the same was dismissed by the Central Administrative Tribunal for short Tribunal on 29.07.2001.
814 of 2005, respondent No.
The same was done in anticipation of the approval of the Government of India, by keeping one post of Principal Junior Scale in abeyance.
According to the appellants, the Government of Puducherry also sent a proposal to UPSC for amendment of the recruitment rules equating the post of Principal, ITI held by Sri P.S. Krishnamurthy with that of JCIF.
218 of 2005, by which the learned Tribunal set aside the order of transfer dated 15.03.2005 is companycerned, it is the admitted position that in view of the subsequent development and respondent No.
3.2 That the learned Tribunal quashed and set aside the order of transfer dated 15.03.2005 stating that the same was mala fide and passed with an ulterior motive.
1original applicant was transferred from JCIF and posted as Principal, Group A Senior Scale on 30.09.2003.
On the representation made by the said Sri S. Krishnamurthy, the Government initiated steps to companyvene a review DPC, but the same was rejected by the UPSC.
1original applicant was challenged by one Sri S. Krishnamurthy, who was promoted as Principal, Group A Junior Scale subsequent to the promotion of respondent No.
Hence, the present appeals challenging the impugned companymon judgment and order passed by the High Court in Writ Petition Nos.
That, thereafter he was promoted as Inspector of Factories on 27.09.1982 and as Principal, Group A Junior Scale on regular basis w.e.f.
That the Government of India, by order dated 19.10.2000 sanctioned the proposal for creation of the post of Principal, Group A Senior Scale subject to the companydition that one post of Principal Junior Scale which was kept in abeyance, should be abolished.
That, by the impugned judgment and order, the High Court has dismissed both the writ petitions.
1 hereinoriginal applicant came to be transferred and posted as Principal, Group A Senior Scale to the Government ITI, Karaikal from the post of JCIF, Puducherry.
The writ petition challenging the judgment and order passed by the learned Tribunal came to be dismissed by the High Court on 16.02.2005.
218 of 2005.
814 of 2005 quashing and setting aside the amended recruitment rules equating the post of Principal Group A Senior Scale with that of the post of JCIF, the appellants hereinUnion of India and others preferred writ petitions before the High Court.
The said promotion was challenged by Sri P.S. Krishnamurthy by way of O.A. No.
1 original applicant.
218 of 2015 and O.A. No.
Thereafter, respondent number 1original applicant joined duty in the said post on 26.07.2001.
814 of 2005 dated 04.07.2006.
3.1 It appears that, thereafter the numberification being G.O. No.
3.4 Now, so far as the challenge to the impugned companymon judgment and order passed by the High Court dismissing the writ petition and companyfirming the judgment and order passed by the learned Tribunal in O.A. No.
44921 and 44922 of 2006 companyfirming the judgment and order passed by the learned Tribunal in O.A. No.
3.3 Feeling aggrieved and dissatisfied with the order passed by the learned Tribunal in O.A. No.
That, thereafter on 17.09.2001, pursuant to the approval received from the Government of India for the creation of one post of Principal Senior Scale , one post of Principal Junior Scale was abolished.
25.08.1989.
1original applicant before the learned Tribunal by way of A. No.
869 of 2003.
From the affidavit inreply filed by the UPSC, it appears that the UPSC gave its companycurrence after due deliberation with the Government from time to time.
That, by way of O.A. No.
In this companynection Commissions letter, dated 21.05.2003 ANNEXURE RII may be referred to.
It appears that pursuant to the draft recruitment rules equating the posts of Principal, ITI and the JCIF, respondent No.1original applicant was transferred from JCIF and posted as Principal, Group A Senior Scale on 30.09.2003.
The duties and responsibilities were furnished by the Government of Pondicherry vide their letter, dated 29.10.2003 ANNEXURE RIVA .
The facts leading to the present appeals in nutshell are as under That respondent number 1 hereinoriginal applicant initially joined the services in the Government of Puducherry as a Craft Instructor in the Labour Department on 03.11.1975 and was appointed as the Group Instructor on regular basis.
R. Shah, J. As both these appeals arise out of the impugned companymon judgment and order passed by the High Court and are between the same parties, the same are being disposed of by this companymon judgment.
Feeling aggrieved and dissatisfied with the impugned companymon judgment and order dated 29.10.2007 passed by the High Court of Madras in Writ Petition Nos.
