G. K. ILANTHIRAIYAN
G. Sathiyanarayan – Appellant
Versus
Government of Tamil Nadu, Department of Home (Police-XVII), Rep. by its Principal Secretary, Chennai – Respondent
JUDGMENT :
(Prayer :In W.P.No.22411 of 2023 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records from the first respondent pertaining to the impugned G.O.(Ms)No.349 dated 10.07.2023 and quash the same and reiterate the petitioner as Joint Director of Fire & Rescue Services or alternatively to direct the respondents to depute the petitioner permanently to some other department in the same rank in view of the judgment of Arul Kumar & Ors Vs. Union of India & Ors, 2007 (5) SCC Page No.580.
In W.P.No.747 of 2024 Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records from the first respondent pertaining to the impugned G.O.(3D)No.08 dated 05.01.2024 passed by the first respondent and quash the same and reiterate the petitioner as Joint Director of Fire & Rescue Services or alternatively to direct the respondents to depute the petitioner permanently to some other department in the same rank in view of the judgment of Arul Kumar & Ors Vs. Union of India & Ors, 2007 (5) SCC Page No.580.
In W.P.No.1858 of 2024 Writ Petition
S. Panneer Selvam and Ors. vs. Government of Tamil Nadu and Ors.
M. Nagaraj's case in Uttar Pradesh Power Corporation Limited v. Rajesh Kumar and Ors. (2012) 7 SCC 1
Jarnail Singh and Ors. vs. Lachhmi Narain Gupta and Ors.
Bimlesh Tanwar Vs. State of Haryana reported in (2003) 5 SCC 604
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....
The 'catch up' rule is applicable to maintain seniority in promotional posts, justifying the placement of a candidate over another based on seniority in the initial grade.
The court held that settled seniority cannot be disturbed after a long period, emphasizing the principle of res judicata and the limits of administrative power in altering promotion dates.
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.
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
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