HC presses pause button on promotions in Revenue dept

The first bench comprising Chief Justice AP Sahi and Justice Senthilkumar Ramamoorthy offered the direction on an appeal challenging the vacation of the interim order on concluding that since the panels which are to be drawn up in terms of the directions issued by the apex court on September 11, 2018, is likely to take a long time and would be a herculean task, temporary promotions should be permitted to be made and adjourned all the petitions sine die.

 On the other hand, the same single judge in the matter pertaining to the Registration Department passed an order, where he took notice of almost the same set of facts, but did not allow any temporary promotions on the ground that it will complicate matters and held that therefore, no perceptive action was to be taken by the government prejudicial to the interest of any section of employees or officers.

 Based on this, the first bench on finding that the single judge himself has indicated two different opinions on an issue arising out of a common adjudication by the Supreme Court, held that the single judge 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 state would be bound by it.”

 Observing that there remained no justification for the writ petitions to have been adjourned sine die after vacating the interim order in the matter of Revenue Department, the bench reverted the matter to the single judge to decide both the matters simultaneously keeping in view the legal issues pertaining to the challenge raised to G.O (Ms.) No.87, Revenue and Disaster Management Department, Services Wing, [Ser.3(2)] Section, dated 6.3.2019.

 The bench then directed the state to not implement any promotions in the department till final disposal of writ petitions.