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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms Justice R.N.MANJULA
D. Sureshkumar, S/o G. Dhanasekaran – Appellant
Versus
Chairman cum Managing Director, Tamilnadu – Respondent
| Table of Content |
|---|
| 1. challenge of orders regarding seniority and promotions based on departmental tests. (Para 1 , 3 , 4 , 5) |
| 2. arguments presented regarding the issuance and challenge of seniority. (Para 6 , 10 , 19 , 20) |
| 3. court's observations on regulatory compliance for promotions. (Para 17 , 18 , 22 , 34) |
| 4. final conclusion on the petitions being rendered infructuous due to delays. (Para 36 , 38) |
ORDER :
R.N. Manjula, J.
These writ petitions have been filed challenging the impugned order passed by the 1st Respondent in (Per.) CMD TANGEDCO Proceedings No.239 dated 29.10.2012 and the impugned Memorandum No.38763/A1/A12/2013-1 dated 23.07.2013 with a direction to the respondents 1 to 3 to revise the seniority of the petitioners, as per the recommendations of the Note File No. 042049/385/G.30/G.301/2013 of the respondents 2 & 3 dated 24.1.2014 on the basis of passing of 'Departmental Test for Accounts Officers' and on par with the 4th respondent and consequently award all service benefits as eligible to the petitioners pending disposal of the above writ petitions.
2. Heard Mrs.Chitra Sampath, learned Senior counsel for the petitioner in WP.Nos.33075 & 33085/2018 ; Mr.R.Saravanakumar, le
Promotions and seniority must strictly conform to service regulations, particularly concerning departmental test qualifications, to maintain organizational integrity and prevent arbitrary favoritism ....
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.
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
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 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.
The claim for restoration of seniority is barred by delay and laches, as the promotions of junior candidates were not timely challenged, affirming the necessity of prompt legal action in service matt....
Refusal to grant notional promotion based on superannuation deemed arbitrary; seniority and qualification recognized as fundamental rights warranting equal treatment.
Promotions must strictly adhere to qualification criteria as per relevant regulations to maintain integrity in civil service seniority and prevent premature reversions.
Court emphasized that administrative decisions regarding promotion and seniority must adhere to established rules and principles, ensuring equitable treatment for all eligible individuals.
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