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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE MUMMINENEN SUDHEER KUMAR, J
N.Ezhiliraiyan – Appellant
Versus
Principal Secretary & Agricultural Production Commissioner – Respondent
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 1st cited, the Government have amended the Special Rules for Tamil Nadu Agricultural Marketing Subordinate Service Rules of the Market Committee employees treating the
Seniority among candidates selected through different recruitment modes must be determined by their ranking in the select list, not by the date of joining.
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.
Seniority in public service is determined by the rules of the Employment Exchange rather than the date of joining duty.
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.
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.
Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.
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.
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....
The determination of seniority for government employees must adhere to statutory provisions, prioritizing the date of joining over examination performance.
Seniority in public service must be determined according to statutory rules, not solely based on length of service.
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