Employment seniority should be considered for providing time scale of pay, and the right to salary arises from the date of appointment.

(This writ petition came to be numbered by way of transfer of O.A.No.10920 of 1998 from the file of Tamil Nadu Administrative Tribunal with a prayer to call for the records on the file of the respondent in his proceedings Na.Ka.No.00190/A5/98 dt.7.12.1998 and directing the respondent to appoint the petitioner as per his seniority list.)

In this writ petition, petitioner seeks to direct the respondents to appoint him as Pharmacist as per the seniority list.

2. Petitioner has passed diploma in Pharmacy in the year 1985 and he registered his name with the Employment Exchange on 19.7.1985 at Ramnad District. He attended interview for the post of Pharmacist in the Primary Health Centre from the year 1985 and so far he had attended numerous interview. On 7.12.1998, respondent called for an interview for the post of Pharmacist in Ramanathapuram District Health Centre for four vacant posts. Petitioner''s seniority number was 4 in BC list. Petitioner attended the interview on 17.12.1998 with all certificates, but he was not selected even though he is senior in the District. According to the petitioner some of his juniors were given appointments overlooking his seniority. It is the specific case of the petitioner that the appointments are made based on the seniority in the Employment registration only and therefore petitioner has filed the present writ petition with the above prayer.

3. A counter affidavit has been filed by the respondent stating that no direction or instruction was received by the respondent stating that selection for the post of Pharmacist should be made only according to the employment seniority and therefore the claim of the petitioner that the appointment of the candidates, not selected on seniority basis is not correct and that the denial of appointment to petitioner is as per the existing rule.

4. The learned counsel for the petitioner produced Government Order by notification, wherein the Government has issued guidelines for filling up the vacant posts in the Pharmacist post in the Government Hospitals. In the notification of the Government, guidelines were issued by the Health and Family Welfare Department and the said notification is extracted hereunder,

"Filling up of vacancies Orders

Government of Tamil Nadu

Abstract

Establishment Pharmacists posts under the purview of Director of Medical Education and Director of Medical and Rural Health Services Filling up of vacancies through Employment Exchange Orders issued.

HEALTH AND FAMILY WELFARE DEPARTMENT

1. G.O.Ms.No.179, Personnel and Administrative Reforms Department dated 2.6.1995

2. G.O.Ms.No.141, Personnel and Administrative Reforms(s) Department dated 15.6.1998.

3. From the Director of Medical & Rural Health Services, Chennai 6.

Ref: No.16084/E5/2/2000, dated 21.4.2000

ORDER

The filling up of vacancies of Pharmacists is one of the demands of the Tamil Nadu Government Pharmacist Association. The Director of Medical and Rural Health Services has stated that there are 81 vacancies of Pharmacists under his control and 46 vacancies consequent on deputation to Tamil Nadu Medical services Corporation and thus totalling 127 vacancies on Director of Medical and Rural Health Services side. There are 45 post of Pharmacists vacant on Director of Medical Education Side as reported by the Director of Medical Education. Therefore, the Director of Medical and Rural Health Services and the Director of Medical Education have request the Government to permit them for filling up of the existing vacancies of pharmacists posts numbering 172 as mentioned above.

2. The Government have carefully examined the above proposals of the Director of Medical and Rural Health Services and Director of Medical Education in accordance with the revised procedure now laid down in the G.O.second read above with record to the filling up of entry level posts. Accordingly, the Government permit the Deans/Joint Directors/Deputy Directors of Health Services under the control of Director of Medical Educati