The main legal point established in the judgment is the importance of following Rule 40 of the Tamil Nadu Government Servants(Conditions of Service) Act, 2016 and considering the TNPSC Merit Ranking List for the preparation of the Seniority List and promotions.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records in connection with the impugned seniority list viz. Na.Ka.No.33085/ R1 /2018 dated 31.8.2018 and the consequential panel to the post of Superintendent of the year 2016 vide proceedings viz. Na.Ka.No.41717/ R1 /2016 dated 04.09.2018 issued by the 2nd respondents and quash the same and direct the respondents to fix Inter-se Seniority of the petitioners in the cyclical ratio of 1:1, taking into account G.O.(4D) No.15, Animal Husbandry, Dairying and Fisheries Department dated 12.12.2012, G.O.Ms.No.184, Animal Husbandry, Dairying and Fisheries Department dated 26.05.2015, G.O.Ms. No.31 Personnel and Administration (B) Department dated 13.3.2018.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to first consider the petitioner and similarly placed Junior Assistants/Typists working under the 2nd Respondent for promotion to the Post of Assistants and only thereafter resort to appoint by direct recruitment made through the 3rd Respondent to the post of Assistants in the 2nd Respondent Department.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the third respondent herein in R.C.No.33085/R1/2018 dated 31.8.2018 releasing the seniority list of Assistant as on 1.3.2014 and the consequential order of the fourth respondent herein in R.C.No.41717/R1/2016 dated 4.9.2018 calling for proforma of candidates included in the Annexure for inclusion in the promotional panel for the year 2016 to the post of Superintendent and quash the same and consequently direct the respondents to fix the seniority of the petitioner and other directly recruited Assistant for the year 2013-14 and release the inter-se seniority list of Assistant for the year 2013-14 and thereafter confer the promotion post of Superintendent to the petitioner with due regards to petitioner's seniority and confer all the attendant benefits.

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents to first consider the petitioner and similarly placed Junior Assistants/Typists working under the 2nd Respondent for promotion to the Post of Assistants and only thereafter resort to appoint by direct recruitment made through the 3rd Respondent to the post of Assistants in the 2nd Respondent Department.)

1. W.P.Nos.23302 & 23649 of 2018: The List of Seniority published by the 2nd respondent in proceedings dated 31.08.2018 as well as the Circular issued by the 2nd respondent, inviting particulars from the Subordinate officials in respect of the eligible persons for preparation for panel in proceedings dated 04.09.2018 are under challenge in the writ petitions.

1.1. W.P.Nos.2311 of 2015 & 34223 of 2014: The relief sought for in the present writ petitions is for a direction to direct the Respondents to first consider the petitioners and similarly placed Junior Assistants/Typists working under the 2nd Respondent for promotion to the Post of Assistants and only thereafter resort to appoint by direct recruitment made through the 3rd Respondent to the post of Assistants in the 2nd Respondent Department.

2. The parties to the lis on hand mainly on the ground that the very preparation of the Seniority List itself is in violation of Rule 40 of the Tamil Nadu Government Servants(Conditions of Service) Act, 2016.

3. It is further contended that the Seniority List was prepared, based on the date of joining and without considering the Merit Seniority List of the TNPSC Candidates, who all are to be placed above the other eligible candidates, who were appointed to the Post of Assistant by way of promotion or through Compassionate Appointment. In other words, at the time of preparation of seniority, in