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C. V. KARTHIKEYAN
Sankaralingam Archana Devi – Appellant
Versus
Tamil Nadu Generation & Distribution Corporation Ltd. , Rep. by its Chairman cum Managing Director Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records from the first respondent relating to the Board Proceedings Ms.No. 733 dated 16.06.1975 and quash the same as illegal, arbitrary, without jurisdiction and contrary to Regulation 97 of the Tamil Nadu Electricity Board Service Regulations and in violation of Article 14 and 16 of the Constitution of India and to consequently direct the respondents 1 and 2 to publish the seniority list of Junior Assistants/Accounts recruited through selection conducted pursuant to notification No.02/2016 dated 29.02.2016 in terms of Regulation 97 of the Tamil Nadu Electricity Board Service Regulations and consider them for promotion to the post of Assistant based on that by considering their representation dated 12.06.2019.)
1. The Writ Petition has been filed by two petitioners who both stand on equal footing and therefore, after obtaining necessary permission as is required under the Rules have filed a single Writ Petition.
2. The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records of the first respondent /the Chairman cu
The main legal point established in the judgment is the importance of maintaining the rank list and seniority for selected candidates, as governed by Regulation 97 of the Tamil Nadu Electricity Board....
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
The court affirmed that the principles of reservation must be applied as per the existing regulations, distinguishing between horizontal and vertical reservations.
The main legal point established in the judgment is that the seniority list should be prepared based on the existing orders in force during the relevant period, and the court may consider revising se....
The main legal point established in the judgment is the validity of re-fixation of seniority list on merit basis and the compliance with reservation principles under Article 16(4) and Article 16(4-A)....
Revisions to seniority lists in public service must comply with established legal principles regarding merit and prior judicial directives, preserving previously established ranks unless lawfully cha....
An employee cannot claim promotion as a matter of right; they have a right to be considered based on merit and performance appraisal criteria.
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