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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
S.Ganesan – Appellant
Versus
Additional Chief Secretary, Department of Environment, Climate Change and Forests – Respondent
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 1st 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 G
Seniority among public servants must be determined by appointment date, with direct recruits prioritized over promotees who joined later, as per statutory provisions.
Seniority assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
The seniority of public service personnel is determined based on appointment dates, not on promotion timelines or subsequent training requirements.
Eligibility for promotion under conflicting recruitment rules must prioritize service years and proper seniority lists as determined by precedent.
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 court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
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....
Seniority – Date of entry in a particular service or date of substantive appointment is the safest criterion for fixing seniority inter se between one officer or other or between one group of officer....
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