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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MRS. JUSTICE N.MALA, J
Sangeetha – Appellant
Versus
State of Tamil Nadu Rep by its Secretary to Government Heath and Family Welfare Department – Respondent
ORDER :
N.Mala, J.
Both the writ petitions are filed challenging the impugned order dated 05.03.2021, reverting the petitioners from the post of Lab Technician Grade I to the post of Lab Technician Grade II.
2. The petitioners 1, 4 and 5 were appointed as Lab Technician Grade II on 18.02.2008, the petitioners 2 & 3 were appointed on 08.04.2008 and 04.04.2008 respectively. The petitioner in WP.No.9268 of 2021 was appointed during 2011. The petitioners were promoted to the post of Lab Technician Grade I on 30.01.2020 as per the seniority, by the 4th respondent.
3. At the time of promotion, institution-wise seniority was followed as per Rule 4, Class III, Category I of Section 21 of the Tamil Nadu Medical Subordinate Service Rules . The petitioners were promoted on the basis of their seniority to the post of Lab Technician Grade I. While so, the 5th respondent filed writ petition in WP.(MD).No.8916 of 2019, seeking adoption of state wide seniority instead of District/institution wise seniority. The Madurai bench of this Court by an order dated 12.04.2019, disposed of the writ petition by directing the official respondents to consider the representation of the 5th respondent on merits. Sub
Amended service rules cannot be applied retrospectively to affect vested rights of employees, as it violates constitutional guarantees.
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.
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.
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
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.
Prompt action is required in matters relating to seniority, and belated interference with settled matters can have adverse effects and serious administrative implications.
Seniority among candidates selected through different recruitment modes must be determined by their ranking in the select list, not by the date of joining.
Accrued benefits on the employee prior to the changing of the Rule cannot be denied. The right accrued on the employees cannot be denied due to the wrong application of the Rule.
G.O.Ms.Nos.880 and 881, which conferred seniority benefits to respondent Nos.3 and 4 from the date of their joining in the Department, were invalid and contrary to the statutory rules, the orders pas....
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