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ANITA SUMANTH, G. ARUL MURUGAN
C. Kuppusamy, S/o. N. Chinnamani – Appellant
Versus
Secretary to Government of Tamil Nadu, Public Works Department – Respondent
JUDGMENT :
Anita Sumanth, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the Order passed by the learned Single Judge in Writ Petition No.9166 of 2012 vide its Order dated 04.02.2013.]
These writ appeals challenge an order passed by the writ Court on 04.02.2013. The prayers in those writ petitions were for a mandamus directing the Secretary to the Government of Tamil Nadu, Public Works Department and the Engineer-in-Chief and Chief Engineer (Buildings) of the same department to fix the petitioners' seniority with effect from various dates, being the dates of their appointments.
2. The writ petitions came to be dismissed on 04.02.2013. Inter-alia, the writ Court noted the submissions of the writ petitioners/appellants to the effect that they had been appointed on various dates between 1983 and 1989 as Assistant Engineers in the Public Works Department (PWD). Their appointments were temporary with a clear stipulation that there would be no avenue for regularization.
3. However, a few years into their appointments, taking a sympathetic view, G.O.Ms.No.69 dated 18.02.2002 had come to be passed considering the representations made by several of the employees see
Timely challenges to seniority fixation are crucial; inaction and delay can bar claims for revision of seniority.
Rule 10(a)(i) of the General Rules have to be ranked below TNPSC candidates irrespective of the date of appointment of such TNPSC candidates and special absorption rules candidates.
The government cannot alter established seniority rights or conditions of service without due process and must adhere to principles of natural justice.
Temporary promotees cannot claim seniority above directly appointed employees as per Section 47(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
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 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....
Promotion seniority should not be altered based on delays in qualification if it complies with probation rules, affirming the importance of adhering to original seniority assignments.
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