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2015 Supreme(Mad) 2546
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S.SIVAGNANAM AND S.VIMALA, JJ.
P.S.Jegannathan, M.E., Assistant Executive Engineer – Petitioner
Vs.
State of Tamilnadu, Rep., by its Secretary to Government, Agricultural Department and Ors. – Respondents
Review Application No.126 of 2010, W.A.Nos.3248 & 3278 of 2004, W.P.Nos.30609 & 30610 of 2003, W.P.No.15886 of 2004, W.P.No.27698 to 27700 of 2010, W.P.No.27823 of 2010, W.P.No.16142 of 2004, W.P.No.18617 of 2010 and W.P.No.18618 of 2010, W.P.No.19849 & 19850 of 2004, W.P.No.27730 of 2010, W.P.No.8556 of 2011 and Connected M.Ps.,
Decided On : 28.07.2015
Advocate Appeared:
Mr. Vijayanarayan Senior Counsel for M/s. APR Associates, Mr. R. Singaravelan, Mr. N. Krishnakumar for Petitioner
M/s. S.T.P. Kuil Mozhi for Mr. Veerakathiravan
Mr. A.L. Somayajee, A.G., assisted by Mr. S.T.S. Murthy G.P, Mr. C. Selvaraju Senior counsel for Mr. I.C. Vasudevan, Mr. K. Venkata Ramani Senior Counsel for Mr. M. Muthappan, Mr. N. Subramaniyan, Mr. V. Bharathidasan, Mr. R. Nellaiyappan, Mrs. Malavizhi Udayakumar, Ms. C.N.G. Niraimathi.
The Court held that the seniority of Assistant Engineers (Agricultural Engineering) could not be refixed based on the date of initial appointment on a temporary basis. The TNPSC selection process, including the oral test, was found to be valid, and the ranking list published by TNPSC was upheld. The Court also emphasized the importance of adhering to the time limit for challenging seniority lists as per Rule 35(f) of the General Rules.
Headnote:
The case involves a dispute over the inter se seniority of Assistant Engineers (Agricultural Engineering) Department. The Review Applicant and other petitioners sought refixation of their seniority by considering their temporary service. The legal battle commenced in 1998 and culminated in 2010, with the First Bench dismissing the Writ Appeal. The matter was sought to be reopened by a Review Application. The Tribunal allowed Original Applications, which were challenged by the Government. The issues considered included the date of initial appointment on a temporary basis for fixing inter se seniority, the validity of the TNPSC selection process, and the ranking list published by TNPSC. The Court held that the seniority could not be refixed based on the date of initial appointment, and the TNPSC selection process was valid. The Review Application was dismissed, and the Writ Petitions were allowed or dismissed accordingly.
T.S.SIVAGNANAM, J.
The issue involved in these batch of cases, is with regard to the inter se seniority in the category of Assistant Engineers (Agricultural Engineering) Department. The Review Applicant and other petitioners claim refixation of their seniority in the said category by taking into account their temporary service.
2. The legal battle which commenced in 1998, though culminated in 2010, after the First Bench of this Court dismissed the Writ Appeal in W.A.No.237 of 2010, once again the matter is sought to be reopened by way of this Review Application along with which other Writ Petitions have also been tagged along with and heard together. The net result of this prolonged litigation is a stalemate in the Department as there are 38 vacancies in the post of Assistant Engineer/Junior Engineer, 66 vacancies in the category of Assistant Executive Engineer (Agricultural Engineering), 17 vacancies in the category of Executive Engineer (Agricultural Engineering), 7 vacancies in the category of Superintending Engineer (Agricultural Engineering) and 2 vacancies in the category of Chief Engineer (Agricultural Engineering).
3. We have elaborately heard the submissions of the learned Senior Counsel appearing for the Review Applicant, the other learned counsels appearing for the petitioners, who plead a similar case as that of the Review Applicant and the private respondents and the learned Senior counsels and the learned counsels for the counter petitioners, the learned Advocate General appearing for the State and the learned Standing counsel appearing for the Tamil Nadu Public Service Commission (TNPSC).
4. Though the petitioners/counter petitioners as well as the State have filed Writ Petitions/Writ Appeals, if a decision is taken in the Review Application, the same would cover the entire batch of cases. This position is agreed to by all the learned counsels appearing for the parties. Therefore, we proceed to take up for consideration the Review Application at the first instance and proceed to discuss all the contentions, which were advanced by the learned counsels appearing for the parties.
5. The Review Application has been filed by Mr.P.S.Jaganathan, who was working as an Assistant Engineer in the office of the Assistant Executive Engineer (Agricultural Department), Soil Conservation Scheme. The applicant seeks for review of the order passed by the First Bench in W.A.No.237 of 2010, dated 12.07.2010, in and by which the appeal filed by the Review Applicant against the order in W.P.No.14086 of 2006, dated 07.10.2009, was dismissed. The Review Applicant filed O.A.No.6928 of 1998, before the Tamil Nadu Administrative Tribunal (Tribunal) to set aside the order dated 01.07.1998, passed by the Chief Engineer (Agricultural Engineering), by which the Review Applicant's claim for refixation of seniority in the cadre of Assistant Engineer (Agricultural Engineering) including the period of temporary service, was rejected. After abolition of the Tribunal, the said Original Application stood transferred to this Court and re-numbered as W.P.No.14086 of 2006 and the learned Single Judge dismissed the Writ Petition by order dated 07.10.2009, which was confirmed by the First Bench in W.A.No.237 of 2010, dated 12.07.2010. The Review Applicant was initially appointed as Assistant Engineer in the department of Agricultural Engineering on temporary basis under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules (General Rules) and he joined duty on 16.11.1979. The applicant claimed that though his appointment was stated to be temporary, it having been made in a substantive vacancy and he having uninterruptedly served in the post, after having been regularised in the said post, the seniority should date back to the date of the first appointment on temporary basis.
6. It is not in dispute that between 1972 and 1982, the TNPSC did not conduct any direct recruitment to the post of Assistant Engineers (Agricultural Engi
