Case Note & Summary
The writ petition was filed by Vellore District Consumer Co-operative Wholesale Stores Thozhilalar Munnetra Sangam and its members against the Government of Tamil Nadu and other respondents, challenging two orders dated 18.05.2023 and 12.06.2023. The petitioners sought to quash these orders as illegal and arbitrary, arguing for the retention of their services or absorption into another cooperative society with continuity of service and protection of benefits. The respondents contended that there were no employees in the fifth respondent society at the time of transfer, thus negating concerns regarding seniority and benefits. The court noted the absence of employees in the fifth respondent and acknowledged the need to clarify the ambiguity in the circular. Ultimately, the court partly allowed the writ petition, directing the fifth respondent to absorb the members of the first petitioner with continuity of service and protection of salary and benefits. The connected miscellaneous petitions were closed without costs.
Headnote
A) Constitutional Law - Writ of Certiorarified Mandamus - Challenge to Circular - Article 226 of the Constitution of India - The petitioners challenged the legality of the circular affecting seniority and service benefits of transferred employees. The court found merit in the petitioners' claims and directed the absorption of employees with continuity of service and protection of benefits. Held that the ambiguity in the circular needed rectification (Paras 1-4).
Issue of Consideration
Whether the conditions stipulated in the circular regarding seniority and alteration of service benefits were lawful.
Final Decision
The court partly allowed the writ petition, directing the fifth respondent to absorb the members of the first petitioner with continuity of service and protection of salary and benefits.
Law Points
- Writ of Certiorarified Mandamus
- Article 226
- Seniority
- Service Benefits
- Absorption of Employees
