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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
K Palani – Appellant
Versus
Secretary, Government of Tamilnadu, Labour & Employment Department – Respondent
| Table of Content |
|---|
| 1. factual background regarding petitions and parties. (Para 1 , 2) |
| 2. challenge to g.o. regarding seniority. (Para 3) |
| 3. court's examination of inter se seniority. (Para 4) |
| 4. arguments regarding recruitment ratios. (Para 5) |
ORDER :
HEMANT CHANDANGOUDAR, J.
Since the issues involved in all these writ petitions are interconnected and arise out of the same subject matter, they are taken up together and disposed of by way of this common order.
W.P. No. 29670 of 2015
2. This writ petition has been filed by the transferees challenging the memorandum dated 19.11.2015 issued by the Commissioner of Labour, whereby the representations submitted by the transferees seeking determination, fixation, and communication of their inter se seniority in the cadre of Labour Officers were rejected. The petitioners contend that such fixation of seniority ought to have been carried out in accordance with the provisions of the Tamil Nadu State and Subordinate Service Rules.
W.P. Nos. 15623 of 2019, 15973 of 2018, 16929 of 2019, 14887 of 2019 and 1857 of 2020, 22881/2023, 26309/2018 and 26316 /2018
3. In these writ petitions, the petitioners are direct recruits appointed to the post of Labour Office
The court established that seniority in public service appointments must follow prescribed vacancy-wise quotas instead of arbitrary cadre-based practices, ensuring compliance with statutory rules and....
Quota-rota ratio in special rules for direct recruits and transferees must be applied vacancy-wise, not cadre-wise; excess transferee appointments against direct quota illegal and confer no seniority....
The main legal point established in the judgment is that the determination of seniority should be based on the Quota-Rota method prescribed in Rule 2(c) of the Special Rules, and the regularisation o....
Seniority – Inter-se seniority between promotees and direct appointees – As far as posts of Income Tax Inspectors are concerned, principle of rota and quota or rotation of quota will apply.
The court affirmed that recruitment quotas fixed by law cannot be altered by executive powers, ensuring adherence to established legal principles.
The court reaffirmed that temporary or ad-hoc promotions do not confer seniority rights, emphasizing strict adherence to statutory rules for public service appointments.
Point of Law : In case ingredients for filing complaint under Section 138 of NI Act are in existence, then presumption is there, as provided under law, and to rebut the same, definitely, evidence wou....
Seniority between direct recruits and promotees must follow the quota-rota rule under statutory provisions when applicable, regardless of past non-implementation, ensuring fairness in the same recrui....
Promotees cannot claim seniority over direct recruits as per established service rules regarding recruitment and seniority determination.
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