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ABDUL QUDDHOSE
V. L. Benin Deva Kumar – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent related to the seniority list drawn as on 01.01.2019 produced along with the Director's Letter addressed to Special Government Pleader dated 11.12.2020 on 15.12.2020 and quash the same and direct the respondent to notify the seniority list of B.T. Assistant (Promotees) and the directly recruited consolidated pay B.T. Assistant between 2002-2006 and 2011-2014 by following the ratio of 50-50 fixed between the Direct Recruits and the promotees before effecting further promotion to the post of Headmaster / Headmistress or P.G. Assistant.
1. When the Writ Petition was taken up for hearing, learned Counsel for the petitioners on instructions would submit that though the petitioners have challenged the impugned seniority list, the petitioners will be satisfied if they are allowed to give a representation to the second respondent to fix the ratio of 50:50 fixed between the direct recruits and the promotees, before effecting further promotion to the post of Head Master / Head Mistress or P.G. Assistants
The court established that stakeholders' interests must be considered in administrative decisions regarding seniority and promotions, allowing for representations to be made and addressed appropriate....
Established seniority lists must be adhered to unless timely objections are raised; age considerations alone do not override settled seniority.
The main legal point established is that promotions to the post of Secondary Grade Headmaster are based on seniority, as per the directions issued by the court.
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.
The main legal point established in the judgment is the court's authority to direct the second respondent to pass necessary orders for the fixation of correct seniority on par with S. Shanmugam in th....
The court emphasized the conditions for a post to be considered promotional, principles for determining seniority, and the legality of the notification of merger.
The court emphasized that denial of promotion based on fabricated charges violates administrative fairness and ignored prescribed ratio guidelines for promotions.
Employment and Service matter - Re-assessment of seniority - As per Rule 3(1)(b), seniority of teachers in a grade has to be determined on basis of their substantive appointment in that grade, meanin....
Prompt action is required in matters relating to seniority, and belated interference with settled matters can have adverse effects and serious administrative implications.
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