Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA
G.Selvakumaran – Appellant
Versus
The State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. background of petitioners and their promotions. (Para 1 , 2 , 3) |
| 2. petitioners challenge seniority revisions. (Para 4 , 5 , 6 , 8) |
| 3. court's analysis on seniority based on merit. (Para 10 , 11 , 12) |
| 4. writ petitions allowed based on supreme court orders. (Para 13) |
ORDER :
The writ petitioners seek to challenge the proceedings of the second respondent in Proc.No.56857/2021/EE1.2 dated 20.10.2021.
3. The short facts which have given rise to the filing of these writ petitions are as follows :
b) The petitioners would submit that the seniority list in the cadre of Assistant Executive Engineer was published in the year 2004 with regard to the marks obtained by the candidates and as there was no objections to the same, the seniority list was finalised. By operating this seniority list, the panel of Assistant Executive Engineer who are eligible for promotion to the post of Executive Engineer were prepared and the petitioners herein were promoted to the post of Executive Engineer on 17.09.2009, 19.06.2009 and 29.05.2009 respectively. The petitioners in W.P.No.6548 of 2022 and W.P.No.6593 of 2022 hold the said post of Executive Engineers till the filing of the writ petition w
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 main legal point established in the judgment is that the seniority list should be prepared based on the existing orders in force during the relevant period, and the court may consider revising se....
In a contempt jurisdiction, court will not travel beyond original judgment and direction, neither would it be permissible for court to issue any supplementary or incidental directions, which are not ....
(1) There is one cadre of Junior Engineers in Minor Irrigation Department and there has to be one seniority list of Junior Engineers. It is seniority list of cadre of Junior Engineers which would be ....
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 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 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.
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
