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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
K.R. Cholarajan – Appellant
Versus
State of Tamil Nadu, Rep. By its Addl. Chief Secretary To Government, Environment, Climate Change & Forest Department – Respondent
| Table of Content |
|---|
| 1. petitioners' appointments date back to their selection. (Para 2 , 3 , 4) |
| 2. seniorities and promotions are tied to direct recruitment criteria. (Para 5 , 6 , 8 , 9) |
| 3. training periods must count as duty for seniority. (Para 15 , 16 , 18) |
| 4. seniorities depend on when duties are performed in cadre. (Para 39 , 40 , 41) |
| 5. writ petitions dismissed without relief. (Para 62) |
ORDER :
M.DHANDAPANI, J.
The aforesaid batch of writ petitions have been filed before this Court broadly seeking the following reliefs :-
i) Refix the seniority of the petitioners by fixing their date of appointment in the post of Forest Apprentice on8.12.2014 and prepare a fresh inter se seniority list;
ii) Prepare seniority list as per the eligibility criteria prescribed in Rules 2, 5 and 9 of the Tamil Nadu Forest Subordinate Service Rules (for short ‘FSS Rules’);
iii) Assailing the relaxation granted under G.O. Ms. No.174 dated 22.12.2009 and G.O. Ms. Nos.319, 145, 199 and147 by relaxing the 8 year service period to 6 years;
iv) To grant time scale of pay of Rs.9300-34800 to the petitioners with Grade Pay – Rs.4600/- from their date of initial appointment as Forest Apprentice as per notification dated 2
The date of appointment for determining seniority in a substantive post should be the date of actual appointment post-training, not the date of initial recruitment as an Apprentice.
The court established that training periods for direct recruits are not counted as service until successful completion, impacting seniority rights.
Seniority of foresters appointed under Rehabilitation Assistance Scheme is determined from training date, upholding compliance with existing rules and rejecting retrospective claims based on merger a....
Statutory rules prevail over government resolutions in determining seniority and service requirements.
Officers are entitled to Senior Time Scale upon completing four years of service, irrespective of passing departmental exams; their substantive rights are protected.
Seniority depression for delayed joining on own request upheld per rules; claims barred by delay, non-joinder; no parity with dissimilar cases; statutory rules govern over equity claims.
Claims regarding seniority must be raised promptly; failure to do so can lead to dismissal based on delay and laches.
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