Seniority once settled cannot be unsettled after a long delay, and an order given in ignorance of the terms of a Statute or a rule having the force of Statute is per incuriam.

JUDGMENT

(Prayer in W.P.No.10135 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the second respondent culminating in the proceedings dated 03.01.2013 made in proceedings Na.Ka.No.55688/2011/L.1 and consequently, direct the second respondent to restore the seniority position of the petitioners as contained in Seniority List as on 01.01.2001 in S.L.Nos.246, 247, 251 and 255 respectively and thereby grant promotion to the petitioner to the post of Grade I Executive Officers as per the Seniority List dated 01.01.2001.

Prayer in W.P.No.18224 of 2013: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records culminating in the proceedings dated 03.01.2013 made in Na.Ka.No.55688/2011/L-1 issued by the second respondent and quash the same and consequently, direct the second respondent to restore the petitioner's seniority position as contained in the Seniority List as on 01.01.2001 in Sl.No.231 and thereafter, grant promotion in the place of the fourth respondent as contained in the order dated 03.01.2013 made in Na.Ka.No.19356/2012-I/L2 to the post of Grade I Executive Officer with all monetary and attendant service benefits.)

Common Order:

Challenge in these writ petitions is to the order of the second respondent culminating in the proceedings dated 03.01.2013 in Na.Ka.No.55688/2011/L.1 and consequently, direct the second respondent to restore the seniority position of the petitioners as contained in Seniority List as on 01.01.2001 in S.L.Nos.246, 255, 251, 247 & 231 respectively and thereby grant promotion to the petitioner to the post of Grade I Executive Officers as per the Seniority List dated 01.01.2001.

2. Facts, briefly narrated, are as follows:

2.1. The case of the petitioners is that they were direct recruitees during the year 1996 as Grade IV Executive Officers and after their initial appointment, their probation were declared during the year 1998-1999, whereby they became permanent staff in the cadre of the subordinate service of the second respondent and thereafter, became eligible for being promoted as Grade III Executive Officers. As per the Service Rules governing the service conditions of the respondents herein i.e., The Tamil Nadu Hindu Religious & Charitable Endowments Subordinate Service Rule [hereinafter “ TN HR&CE SS Rules”] the approved candidates are considered from out of the selection list panel prepared annually on the 15th March and promotions are granted on the basis of seniority of the eligible candidates to the next grade of Executive Officer. However, the promotion for Grade III Executive Officer was belatedly granted on 07.03.2001 to all the petitioner i.e., one year later by proceedings No.64464/2000/L.4 of the second respondent.

2.2. Promotions were made against the approved permanent vacancies, which were available on the date of preparation of the panel in the year 2000. Hence, the appointment was against permanent vacancy as could be seen from the rules framed in this regard. During the year 2007-2008, the panel for eligible candidates to be promoted as Grade II Executive Officers was drawn by the second respondent and thereupon, the petitioners were also granted the benefit of promotion as Grade II Executive Officers with effect from 15.03.2008 in the approved list of permanent vacancies.

2.3. In the year 2012, seniority position list was called for consideration from eligible Grade II Executive Officers towards promotion to Grade I Executive Officer. The petitioners were senior-most in the seniority list settled in the year 2001, which comprised of seniority position of Grade I to Grade IV- Executive Officer. But to their shock and surprise, proceedings dated 25.05.2012 in Na.Ka.No.15688/2011/L.1 came to be issued calling for objections for the proposed rev