C O M M O N O R D E R

The present Writ Petitions are heard through Video Conferencing on 25.06.2021.

2. Heard the learned counsel for the parties.

3. The grievance of both the petitioners are one and the same and hence a common order is passed.

4. On 07.03.2019, the third respondent herein had published a inter-se seniority list among the Assistants appointed by promotion and the Assistants appointed by direct recruitment, in accordance with the Special Rules prescribed under the Tamil Nadu Ministerial Service Rules. The fixation of the seniority became the subject matter in W.A.(MD) No.836 of 2018 and batch dated 30.08.2019 before the Madurai Bench of the Madras High Court and on 30.08.2019, the Hon'ble Division Bench had, among other directions, directed the Government to make necessary amendments to the Special Rules for Tamil Nadu Ministerial Service Rules in connection with the fixation of seniority as well as for preparation of seniority list for every year. These directions are as follows:-

“27.In the result, the Writ Appeal (MD)Nos.836, 892, 974 and 1683 of 2018 and W.P(MD)No.17169 of 2018 are disposed of as follows:-

(a) the orders impugned in the writ petitions are set aside and the matter is remitted back to the first respondent Government to make necessary amendments to the relevant rules indicating the date of preparing the seniority list by taking note of the observations and findings rendered supra.

(b) the preparation of seniority list in this case should not go either by calendar year or by fixing

15th March as the crucial date.

(c) such seniority list is to be prepared by giving a reasonable gap between the date of preparation of such list and date of preparation of panel for promotion.

(d) the inter se seniority of the direct recruit assistants shall be fixed by strictly following the cyclical order referred to under Clause 9 of Annexure IX of the Tamil Nadu Ministerial Service Rules.

(e) the first respondent Government thus shall pass appropriate orders making amendment to the rules as directed supra within a period of two months from the date of receipt of a copy of this order.

(f) on the basis of the orders to be passed by the first respondent Government amending the rules, the authority concerned shall prepare the subject matter seniority list afresh accordingly within a period of four weeks thereafter.

(g) the seniority list as well as panel for promotion to the next higher post shall be prepared for every year without accumulating the same for years together. No costs. Consequently, connected Miscellaneous Petitions are closed.”

5. Pursuant to the directions of the Hon'ble Division Bench extracted supra, the Special Rules for the Tamil Nadu Ministerial Service Rules, was amended by incorporating guidelines for fixation of the inter-se seniority list among the persons appointed by promotions and persons appointed by direct recruitment. The said amendment was introduced through G.O.Ms.106 [Personnel and Administrative Reforms] Department dated 01.09.2020.

6. The grievance of the petitioners in these Writ Petitions is that, after the authorities had granted temporary promotions to the respondents 4 to 22 in both the Writ Petitions on 18.01.2020, by the subsequent impugned order dated 09.06.2020, these temporary promotions were cancelled and all these respondents were regularly promoted to the post of Deputy Tahsildars. Hence, the petitioners have sought for quashing these promotions with a consequential prayer for publication of the inter-se seniority of these two categories of Assistants.

7. While the learned counsel for the petitioners submitted that even after filing of the Writ Petitions, the authorities have been granting temporary promotions to the post of Deputy Tahsildars to other Assistants also, the official respondents have filed a counter affidavit dated 21.08.2020, wherein they have sought to substantiate the inter-se seniority list published by them.

8. The averments in the counter affidavit dated 21.08.2