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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
S.Kapil Dev – Appellant
Versus
Government of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. writ petitions for record quashing. (Para 1 , 2 , 3) |
| 2. dispute over seniority placement of junior assistants. (Para 5 , 6 , 7) |
| 3. merit should determine seniority; concerns raised. (Para 8 , 12) |
| 4. proceedings timeline relative to appointment dates. (Para 10 , 11) |
| 5. legality of not inviting objections before list publication. (Para 13 , 26) |
| 6. legitimacy of joining date for seniority highlighted. (Para 14 , 21 , 22) |
| 7. statutory basis for seniority determination discussed. (Para 15 , 16 , 18) |
| 8. court's ruling on the seniority formatting. (Para 23) |
| 9. court dismisses writ petitions. (Para 27) |
ORDER
C.V.KARTHIKEYAN, J.
Both the Writ Petitions have been filed in the nature of Certiorarified Mandamus seeking records of the second respondent in the two Writ Petitions, the Director of Animal Husbandry and Veterinary Services, Nandanam, Chennai, in proceedings in Na.Ka.No. 23703/R2/2023 dated06.03.2024 and to quash the same.
2. The writ petitioner seek a further direction that the second respondent must refix the seniority of the petitioners after giving proper notice and calling for objections from those who had been affected from among Typists and Junior Assistants, who had be
The determination of seniority for government employees must adhere to statutory provisions, prioritizing the date of joining over examination performance.
Seniority among candidates selected through different recruitment modes must be determined by their ranking in the select list, not by the date of joining.
Seniority in public service is determined by the rules of the Employment Exchange rather than the date of joining duty.
Equitable treatment in seniority matters must prevail over procedural delays in objections when similar cases have been favorably resolved.
The main legal point established is that seniority is determined based on the date of appointment, and retrospective promotion is essential for the grant of retrospective seniority.
Seniority among public servants must be determined by appointment date, with direct recruits prioritized over promotees who joined later, as per statutory provisions.
Mandamus issued directing consideration of representation for inter-se seniority per quota-rota principle in labour service promotions.
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....
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