Seniority among public servants must be determined by appointment date, with direct recruits prioritized over promotees who joined later, as per statutory provisions.

ORDER :

R.Vijayakumar, J.

WP(MD).No.12211 of 2024 has been filed by the direct recruited Assistants challenging the annual list of Tamil Nadu Ministerial Service as on 1^st January 2022 in Tamil Nadu Forest Department dated 29.02.2024 and the communication of the second respondent dated 20.03.2024 calling for preparation of panel of Assistants for promotion as Superintendent in the Forest Department for the year 2024-2025 and the annual list of Tamil Nadu Ministerial Service as on 1st January 2024 in Tamil Nadu Forest Department dated 25.04.2024.

2.WP(MD).No.12262 of 2024 has been filed by the direct recruited Assistants in the Forest Department challenging the interse seniority list between the direct recruitees and the promotee assistants which was published on 25.04.2024.

3.Since the issue involved in both the writ petitions are common, both these writ petitions are tagged together and a common order is being passed.

(A) Facts leading to the filing of the writ petitions are as follows:

4.The Tamil Nadu Public Service Commission issued a notification on 16.04.2014 calling for application from the eligible candidates for being appointed as Assistants by Direct Recruitment failing under Group-IIA services.

5.The examinations were held on 29.06.2014 and the results were published on 12.12.2014, Phase-I counselling was held from 29.12.2014 to 22.01.2015. The Tamil Nadu Public Service Commission through letter dated 24.03.2015 allotted 75 candidates to the Forest Department. They were issued with appointment orders on 25.03.2015. The selected candidates joined between March to May 2015.

6.On 18.03.2015, a communication was issued by the Chief Conservator of Forest for preparation of panel for promotion as Assistant from the post of Junior Assistant/Typist/Steno-typist Grade-Ill for the year 2015-2016 for which the crucial date was fixed as 15.03.2015. The promotion orders were issued by the Principal Chief Conservator of Forest 10.12.2015 and 24 member were promoted as Assistants and they joined duty on 10.12.2015.

7.The Tamil Nadu Public Service Commission had conducted Phase-II counselling for the candidates who got selected under Notification dated 16.04.2014 between 05.10.2015 to 13.10.2015. 28 candidates were selected and allotted to Tamil Nadu Forest Department by way of proceedings of TNPSC dated 23.10.2015. The appointment orders were issued to the directly recruited candidates on 10.12.2015. The selected candidates from Phase-II counselling had joined duty from 21.12.2015 onwards.

8.Under Tamil Nadu Ministerial Service Rules, the annual list of seniority as on 01.01.2016 was published and directly recruited Assistants from Phase I counselling were placed in the seniority in Serial. Nos. 128 to 176. The said seniority was based on communal rotation. The Assistants who were promoted were placed in the seniority from Serial Nos.177 to 198. The directly recruited Assistants from Phase-II counselling were placed in the seniority from Sl.No.199 to 214. The seniority based on communal rotation was followed till 01.01.2021.

9.The Hon’ble Supreme Court in the Contempt Petition (Civil)Diary No.6415 of 2021 had directed all the departments in the State of Tamil Nadu to revise the seniority based upon the merit rank obtained by the candidates in TNPSC. In compliance with the direction of the Hon'ble Supreme Court, TNPSC revised the seniority of directly recruited candidates as per their merit rank and communicated the same to the Government on 20.06.2023.

10.Since the promotee Assistants were placed in between the directly recruited candidates (selected through Phase-I and Phase-II), TNPSC sought for clarification from the Government through their communication dated 18.11.2022. The Government vide their communication dated 31.05.2023 had informed TNPSC that the interse seniority has to be fixed as per Rule 40(2) of Tamil Nadu Government Servants (Conditions of Services) Act, 2016 (hereinafter referred as 'Act').

11.On 29.02.2024, the annual list