Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice V.BHAVANI SUBBAROYAN
V.Saradha Rukmani – Appellant
Versus
Secretary to Government of Tamil Nadu, Public Department – Respondent
| Table of Content |
|---|
| 1. writ petition for inclusion in select list. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's arguments against exclusion and delay. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. court observations on procedural and substantive issues. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 4. directives for revising seniority and inclusion in ias select list. (Para 48) |
ORDER :
V.Bhavani Subbaroyan, J.
This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondent to include the petitioner's name in the panel of District Revenue Officers for the year 2012 at the appropriate place and consequently, include petitioner's name into the Select List of 2023 of the State Civil Service officers of Tamil Nadu for appointment to the cadre of Indian Administrative Service by taking into consideration of the petitioner's seniority in the post of District Revenue officer strictly in terms of the judgment rendered by this Court in W.P.No.16862 of 2023 dated 11.09.2023 with all consequential seniority, monetary and service benefits within the time stipu
The court established that seniority must be fixed retrospectively, and actions that undermine an employee's rightful promotion based on ignored ACRs are impermissible and require rectification.
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
The court upheld that seniority in public service must be determined based on merit and established rules, allowing for revisions when discrepancies are identified.
Seniority cannot be granted to employees not borne in the cadre; it must reflect the actual date of joining. A fresh seniority list should be prepared following Supreme Court rulings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
