HC quashes secretary’s order, reinstates MK Stalin’s PA

CHENNAI: The Madras high court has quashed the order of the secretary of the legislative assembly to transfer and rescind the promotion of a deputy secretary detailed to the personal staff of leader of the opposition M K Stalin.

The court on Wednesday struck down the order saying that a person appointed on deputation to a 'tenure post' should had 'an indefeasible right' to be treated fairly and equally.

Earlier, Stalin had moved the court saying that he had upgraded M Athiseshan's post from that of personal assistant to special personal assistant on August 8, 2016. The secretary of the legislative assembly struck down the promotion and posted him back to his home department. Stalin's counsel P Wilson said the secretary could neither remove the officer unilaterally nor could the his terms of service be altered.

Justice R Subbaiah said as per Supreme Court precedence, a person appointed on deputation cannot go back to his original post before the end of the term. Similarly, the deputation cannot be cancelled without the consent of the 'individual' under whom the officer was serving. "If the deputation is not a simple transfer and if the appointment is a tenure posting, the same cannot be curtailed," the judge said.

"In view of these reasons, the order is liable to be quashed and therefore, the same is quashed and the writ petition is allowed," the judge said.

The court asked the authorities concerned to place Athiseshan 'on the terms of the original order dated June 8. He should be posted as special PA, at the earliest, the order said.

Stalin said the court had protected the dignity of the assembly by striking down the order. "The chair should uphold democratic principles and pave the way for healthy politics from now on. I urge the ruling party not to create a situation where Assembly ethos should be reclaimed by court's assistance," he said.