Seniority among candidates selected through different recruitment modes must be determined by their ranking in the select list, not by the date of joining.

ORDER :

This writ petition has been filed seeking a Writ of Certiorarified Mandamus calling for the records relating to the proceedings No.MCE1/16695/2012, dated 26.04.2013. Through the said proceedings, the entire State of Tamil Nadu was treated as one unit for the purpose of seniority and promotion in the Department of Agricultural Marketing in terms of judgment of this Bench made in W.A.(MD) No.387 of 2008 dated 16.06.2008. The petitioner has no grievance insofar as preparing statewide seniority list, but is aggrieved by the manner in which the same was prepared.

2. The main ground of attack is that the impugned proceedings was issued fixing seniority taking into consideration the date of joining of the candidates in the post of Junior Assistant instead of considering their ranking in the select list drawn by the Tamil Nadu Public Service Commission (TNPSC). It would be appropriate to take note of the preamble of the impugned proceedings, for better appreciation of the matter, which reads as under:

“In the reference 1^st cited, the Government have amended the Special Rules for Tamil Nadu Agricultural Marketing Subordinate Service Rules of the Market Committee employees treating the State as a 'Unit' for the purpose of appointment promotion etc.

The Hon'ble Madurai Bench of Madras High Court in its order second cited, have directed the Commissioner of Agricultural Marketing and Agri Business to prepare the common seniority list in terms of the amendment to the special rules made in G.O.Ms.No.449 Agricultural (AM-1) Department dated 16.08.1995.

Further the Madurai Bench of Madras High Court in its orders 3^rd and 4^th cited have confirmed its earlier order dated 19.07.2007 in W.P.No.2622/2004. Consequently in the reference 5^th cited, it was proposed to pursue action as per the order of the Hon'ble Madurai Bench of Madras High Court.

In the reference 6^th cited, the Government have concurred with the above views of the Director of Agricultural Marketing and Agri Business.

Based on the above High Court orders and the concurrence given by the Government, the common seniority list as on 16.08.1995 and for the period from 16.08.1995 to 31.03.2011 were prepared in respect of Superintendents / Supervisors /Junior Assistants and the same were communicated vide this office letter 7^th cited.

Based on the above High Court orders, the promotions already given asper the District wise seniority lists are hereby deemed cancelled. Further based on state wide seniority list, notional promotions and promotions in respect of the panel years from 1996-97 to 2012-13 as the case may be are hereby ordered to be given to the qualified persons as Supervisor to Superintendents and Junior Assistant to Supervisors vide Annexure-I and II of this proceedings respectively. The details of non qualified persons are also given in the Annexure of this order.

The services of the incumbents in respect of the posts of Supervisors and Superintendents are hereby ordered to be deemed to have been regularized from the date of their notional promotions. The promotions given in these orders shall be subject to modification/cancellation if any discrepancy is found at a later date and therefore the incumbents cannot claim for any restoration / revision or otherwise in seniority or promotion in future.”

3. A perusal of Annexures-I and II attached to the impugned proceedings would disclose that, for the purpose of assigning date of promotion to the post of Supervisor from the post of Junior Assistant, the date of joining in the post of Junior Assistant was taken into consideration and accordingly, arranged them in the seniority list. The petitioner herein is the one, who was selected in Group-IV Service Examination conducted by the TNPSC during the year 1999-2000 and was allotted to the Agricultural Marketing Department through memo dated 28.06.2001. Along with the petitioner, several others were also selected and allotted to the Agricultural Marketing Department and obviously there wou