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2008 Supreme(Mad) 3142

S.MANIKUMAR
C. L. Pasupathy Assistant (Selection Grade) – Appellant
Versus
The Engineer in Chief (WRO) and the Chief Engineer (General) PWD & Another – Respondent


Advocates Appeared:
For the Petitioner:G. Elenchezhiyan, Advocate.
For the Respondents: Gopaninathan, Addl.Govt.Pleader.

Judgment :-

The petitioner was appointed as a Junior Assistant through Tamil Nadu Public Service Commission in Public Works Department in 1973 and he was promoted as Assistant on 6. 1983. He passed District Office Manual Test in November, 1975 and passed other tests for P.W.D Officers in November, 1980, the pre-requisite qualifications as per Rule 30(b) of the Tamilnadu Subordinate Ministerial Services and thus he was qualified to be included in the panel for promotion as Assistant in the year 1980. But his name was not included in the said panel. There is a provision under Rule 4(a) of the Tamil Nadu State and Subordinate Service Rules which provides that panel should be prepared every year. Though he was qualified for promotion as Assistant, immediately after passing the departmental tests, he was promoted as Assistant only on 6. 1983 and joined the post on 8. 1983. The seniority list in the post of Assistant made in the year 1988 was communicated to him. The petitioner and his colleague Mr. Amurudeen made representations, dated 20.8.1988 for revision of seniority for placing them over and above their immediate juniors. A further representation was also made on 13. 1989 in this re















































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