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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
B.Gopalakrishnan – Appellant
Versus
Government Of Tamil Nadu – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
(i) W.M.P.No.17672 of 2024 seeking to permit the petitioners to file a single writ petition stands ordered on payment of separate Court fee.
(ii) For the reasons stated in the affidavits, W.M.P.Nos.17677 & 28227 of 2024 are ordered.
2. This batch of writ petitions on hand has been instituted either to issue a writ of declaration declaring the amendment to Rule 7(3) of the 1st respondent in G.O.(Ms)No.11, Co-operation, Food and Consumer Protection Department dated 24.01.2024 and the consequential provisional seniority list dated 29.05.2024 bearing ref.No.Rc.No.12367/ 2024-25/CCS to be ultra vires as offending Article 14 and 16 of the Constitution of India or to issue a writ of certiorarified mandamus, calling for the records pertaining to the G.O.Ms.No.11, Co-operation, Food and Consumer Protection dated 24.01.2024 of the first respondent as notified in the Tamil Nadu Government Gazette dated 13.03.2024 and the consequential State Level Approved Seniority List of Managers of District Central Cooperative Bank as on 01.05.2024 and to quash the same and consequently direct the respondents to continue the district wise promotions, respectively.
3. The facts in bri
Promotion is not an absolute right; it depends on service rules and seniority-cum-merit assessment, as upheld under the Tamil Nadu Cooperative Societies Act and Articles 14 and 16, ensuring service c....
Merely reducing chances of promotion does not infringe the right to be considered for promotion, which is not a condition of service under Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that executive instructions cannot override statutory rules, and any amendment to statutory rules must be issued by the competent authority in acco....
The main legal point established in the judgment is that an employee cannot compel the employer to grant promotion if the Government's decision is supported by valid reasons and is not arbitrary.
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
Promotion to Government service must prioritize merit and ability over seniority; no legal right to promotion exists.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
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