Justice T Raja ordered the notice on a petition filed by the Assembly's Additional Secretary L S Vasanthimalar and Joint Secretary B Subramaniyam, who contended that Vasanthimalar was the senior most candidate and not Srinivasan.
The judge has posted the matter for further hearing to March 6.
Senior Counsel P Wilson, who is appearing for the the assembly's additional secretary, contended that any attempt to deny the promotional post of secretary to Vasanthimalar cannot be permitted as it was bad on law.
Advocate General Vijay Narayan submitted that till today appointment order for the post, which fell vacant on February 28, had not been issued.
The post of Assembly Secretary is important. Even if appointment was made either today or tomorrow, this court can still pass any order exercising its powers.
He also opposed the plea for an order of status quo.
The petitioners submitted that the state government vide its December 14, 2017, order appointed Srinivasan, who was in the post of Private Secretary to the Speaker, as special secretary to a newly-created post.
Vasanthimalar was lawfully entitled to be appointed to the post after the retirement of incumbent K Boopathy as per the settled service seniority and rules, the petitioners said.
They sought an interim injunction restraining the Secretary of the Assembly and the Secretary to the Governor from in anyway appointing, promoting or permitting Srinivasan to take charge or function as special secretary of the Assembly pending disposal of their petition.
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