Chennai: The Madras high court has ordered notice to the secretary to the Governor of Tamil Nadu, on a petition which sought to restrain the Tamil Nadu Legislative Assembly from appointing or promoting or permitting K.Srinivasan, special private secretary to the Speaker to function as the special secretary or as the secretary of Tamil Nadu Legislative Assembly.
Justice T.Raja posted to March 6, further hearing of the petition filed by L.S. Vasanthimalar and B.Subramaniyam, additional secretary and joint secretary of the Tamil Nadu Legislative Assembly.
When the case came up for hearing, senior counsel P.Wilson, appearing for the petitioners submitted that Vasanthimalar was the senior most candidate from the date of appointment in comparison with Srinivasan as she was appointed as a typist on June 3, 1988 whereas Srinivasan was appointed as a typist on March 15, 1991. Secondly, when the rules indicating various posts in the Tamil Nadu State Legislative Assembly department shows the secretary, TNSLA, deputy secretary, TNSLA and under secretary, TNSLA, were to be filled by following the method of appointment, in the present case Srinivasan, who was junior to Vasanthimalar and also went to the other wing (reporting) had been unnecessarily brought back to the administrative wing without preparing seniority list. Therefore, any attempt to deny the promotional post of secretary to Vasanthimalar cannot be permitted as it was bad on law, he added.
Insisting upon notice to the secretary to Governor, Wilson said since the Governor was the appointing authority, his secretary has been shown as respondent-2. When Wilson insisted on ordering status quo, advocate general Vijay Narayan opposed the same.
Advocate general said till today appointment order has not been issued. It is under process. This post (secretary to Tamil Nadu Legislative Assembly) is an important post. Even if appointment was made either today or tomorrow, this court can still pass any order exercising powers under Article 226. The secretary discharges statutory and constitutional functions. At this juncture when the post fell vacant day before yesterday, this person has to discharge important functions. Whatever done will be subject to the result of this petition, he added.
Wilson said when he was not having qualification, he cannot hold the post of secretary. After hearing their arguments, the judge posted to March 6, further hearing of the case.
