ORDER :

M.M. Sundresh, J.

([Permitted the petitioners to implead the fourth respondent in a representative capacity representing the Assistant Engineers who have been placed over and above the petitioners in the impugned seniority list published by the second respondent in Memo No.13748/Admin 2(2)/2014 dated 14/12/2016 as per order dated 12.01.2017 by MSNJ in WMP.No. 976/2017 in WP.998/2017.]

Prayer: Petition filed under Article 226 of the Constitution of India calling for the records of the respondents in connection with the impugned seniority list published by the 2nd respondent in Memo No.13748/Admin 2(2)/2014 dated 14.12.2016 and quash the same and direct the respondents to promote the petitioners as Assistant Divisional Engineers based on the existing seniority list published in G.O.Ms.No.104 Highways (HK.2) Department dated 19.6.2000.)

Prayer: Petition filed under Article 226 of the Constitution of India to declare the impugned seniority list in Memo No.13748/Admin 2 (2)/2014 dated 14.12.2016 as illegal and against the judgement of this Honourable court in W.A.No.2705 of 2012 batch and others dated 31.3.2015 and against the law laid down by the Honourable Apex Court in Bimlesh Tanwar 2003 (5) SCC Page 604 and consequently directing the respondents 1 to 3 to prepare the seniority list for the purpose of promotion to the post Assistant Divisional Engineer only as per merit and the marks assigned in the selection as per The Tamilnadu Public Service Commission and without following the rules of reservations.

Prayer: Petition filed under Article 226 of the Constitution of India praying to declare that Section 70 of the Tamil Nadu Government Servants (Condition of Service) Act Act 14 of 2016 in so as illegal, invalid, unconstitutional, ultra vires and void and in any event not applicable to the petitioner.

[The petitioners are permitted to implead as respondents 4 to 16 in this writ petition to represent themselves as well as in representative capacity the other like Assistant Engineers selected pursuant to the Combined Engineering Services Examination,2006 conducted by third respondent for appointment as Assistant Engineers in Tamil Nadu Engineering Services as per order dated 24.10.2017 by CJ & MSJ in W.M.P. No. 7156 of 2017 in W.P. 6649 of 2017]

W.P. 6649 of 2017]

Prayer: To declare the provisions of Sections 40(1) and 70 of Tamilnadu W.P.No.998 of 2017 Government Servants (Conditions of Service) Act, 2016 and the impugned selection list of the candidate prepared pursuant to the Combined Engineering Services Examination 2006 conducted by 3rd respondent for to be appointed as Assistant Engineers in Tamilnadu Engineering Service of Water Resources Organisation (PWD) as illegal unconstitutional and void ab inito and consequently to direct the respondents 1 to 3 to fix the inter-se-seniority of the petitioners and the respondents 4 to 16 and like Assistant Engineers included in the impugned selection list purely based on the marks they obtained in the competitive examination conducted by the third respondent and further to direct the respondents 1 to 3 to treat the petitioner numbers 2,3 and 12 as Assistant Engineers as if notionally appointed on the date on which other Assistant Engineers who scored marks on par with them or lesser than them joined the service and accordingly to fix their Pay on par with them with effect from the said notional pay and revise their pay accordingly and pay the petitioner's arrears of pay therefor and also to direct the third respondent to pay appropriate compensation to the petitioner's 2,3 and 12 for their bleated appointment as may be fixed by this Court within a time frame as this Court deem fit.

(Prayer amended vide order dt 11.07.2019 made in WMP No.389/18 in W.P.No.6649/2017 by MMSJ & MNKJ)

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Declaration, declaring Section 40(1) of the Tamil Nadu Government Servants (Condition of Service) Act 2016 in so far as