Issues of promotion and seniority violation under constitutional provisions regarding equal opportunity in public employment were addressed.

15. G.Jayashree ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Declaration declaring that the act of respondent No.3 of posting respondents 6 to 15 as Nursing Superintendent Grade II in respondent No.4 – Hospital would be violative of Articles 14 and 16 of the Constitution of India and directing the respondent No.3 to treat the petitioners as promoted to the post of Nursing Superintendent Grade II with effect from the dates respondents 6 to 15 were posted in respondent No.4 –

Hospital with all consequential service benefits.

For Petitioner : Mr.M.Radhakrishnan For Respondents : Mr.M.Bindran Addl.Government Pleader for R1 to R5 Mr.C.K.M.Appaji for R6 to R13 & R15 No appearance for R14

O R D E R

This Writ Petition has been filed praying for issuance of a Writ of Declaration declaring that the act of respondent No.3 of posting respondents 6 to 15 as Nursing Superintendent Grade II in respondent No.4 – Hospital would be violative of Articles 14 and 16 of the Constitution of India and directing the respondent No.3 to treat the petitioners as promoted to the post of Nursing Superintendent Grade II with effect from the dates respondents 6 to 15 were posted in respondent No.4 – Hospital with all consequential service benefits.

2. The case of the petitioners are that they are working as Staff Nurse (Special Grade) in respondent No.4-Hospital. All the petitioners have completed more than 30 years of service as Staff Nurse in respondent No.4- Hospital. The petitioners along with 31 others had earlier filed W.P.No.4814 of 2024 for issuance of writ of mandamus forbearing respondents 1 and 2 herein from filling in the then existing vacant posts of Nursing Superintendent Grade I and Nursing Superintendent Grade II in respondent No.4 Hospital. The said writ petition is pending before this Court. This writ petition challenges the act of respondent No.3 of posting respondents 6 to 15 as Nursing Superintendents Grade II in respondent No.4-Hospital. The respondent No.5 The Institute of Road Transport, which was formed by the Transport Department of Government of Tamil Nadu and which was running respondent No.4-Hospital, is “state” within the meaning of Article 12 of the Constitution of India, as held by a Division Bench of this Court vide its order dated 09.11.2006 in W.A.No.271 of 1996 and batch. The conditions of service of the petitioners were governed by the General Rules, Special Rules and Leave Rules framed by respondent No.5-The Institute of Road Transport. In other words, the seniority of the employees like the petitioners and their promotion from a lower post to a higher post were effected as per the said Rules.

3. The petitioners inter se seniority in the cadre of Staff Nurses was fixed as per the said Rules. The petitioners were granted Selection Grade and Special Grade as per the said Rules. The respondent No.4 (earlier known as The Institute of Road Transport – Perundurai Medical College and Hospital, Erode District) was taken over by respondent No.1 State of Tamil Nadu vide G.O.(Ms) No.308, Transport (B1) Department, dated 24.10.2018 and vide G.O.(Ms.) No.57, Health and Family Welfare (MCA2) Department dated 28.02.2019. Pursuant to G.O.(Ms.)No.70, Health and Family Welfare (E2) Department dated 26.02.2020, the petitioners and other employees of respondent No.3 Hospital were absorbed as Government servants. After absorbing the petitioners as Government servants, they were not merged with the seniority unit of the Staff Nurses working in Government hospitals. The conditions of service of the petitioners have not been altered after their absorption. The Staff Nurses working in Government Hospitals are being considered for promotion to the post of Nursing Superintendent Grade II and that those working as Nursing Superintendent Grade II are being considered for promotion to the post of Nursing Superintendent Grade I.

4. In respondent No.4 Hospital, the Staff N