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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, N.SENTHILKUMAR
State of Tamil Nadu, Rep. By Its Additional Chief Secretary To Government, Environment, Climate Change and Forest Department – Appellant
Versus
A. Sekar, S/o. Arumugam – Respondent
| Table of Content |
|---|
| 1. maintainability of a fresh writ petition filed to implement a previous order after a long delay. (Para 1 , 2 , 9 , 10) |
| 2. prioritization of division bench-settled seniority and promotion lists over individual claims of notional promotion. (Para 4 , 5 , 6 , 7 , 8) |
| 3. doctrine of stale claims and the finality of administrative orders passed pursuant to court-mandated committees. (Para 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
S.M. Subramaniam, J.
The present intra-Court appeal has been instituted challenging the writ order dated 21.08.2025 passed in W.P.No.31529 of 2025.
2. State preferred the present Writ Appeal mainly on the ground that settled seniority and promotion made in pursuance to the order of the Division Bench of this Court as confirmed by the Hon’ble Supreme Court is unsettled in the writ order impugned and in the event of implementing the said order, the same would result in causing prejudice to the employees whose seniority and promotions were settled in view of the orders of the Court.
3. The respondent was appointed as Plot Watcher on daily wage basis. Some daily wage Plot Watchers were regularised in the time scale of pay. A batch of daily wage employees have a
Delay in seeking implementation of an earlier order for notional promotion after retirement and settlement of terminal benefits does not entitle interference with finalized seniority.
Denial of regularization and benefits to long-serving Plot Watcher despite seniority lists violates Article 14 equality.
Long-serving daily wage Plot Watchers entitled to regularization parity with juniors, per G.O.s, upholding Article 14 equality.
The main legal point established is that the first respondent is bound to consider the cases of the petitioners in accordance with the rules and initiate appropriate actions, strictly in accordance w....
The court emphasized the principles of natural justice, good conscience, and equity in the preparation of the seniority list for promotion, and ruled that the service rendered by promotees on account....
The court's decision emphasized the importance of providing specific reasons for disqualification and the expeditious settlement of eligible benefits for retired employees.
Denial of benefits to similarly placed employees regularized after a cut-off date violates Article 14.
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