The seniority of the petitioners, belonging to the Scheduled Tribe community, should be fixed correctly in accordance with the law.

W.P.No.35177 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.No.35177 of 2022

1.C.Murugesan

2.R.Jayapraba

3.K.Kumar

4.Ashok Kumar

... Petitioners

vs.

1.The Chief Secretary to Government,

Secretariat, Chennai - 9.

2.The Additional Chief Secretary to Government,

Water Resource Department,

Secretariat, Chennai - 9.

3.The Secretary to Human Resource Management,

Secretariat, Chennai - 9.

4.The Engineer-in-Chief and Chief Engineer (General),

Water Resource Department, Chepauk, Chennai - 5.

5.The Secretary to the Government,

Department of Adi-Dravidar & Tribal Welfare,

St. George Fort, Chennai - 9.

...Respondents

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W.P.No.35177 of 2022

Prayer: Writ petition filed under Article 226 of t, he Constitution of India

for writ of Mandamus to direct the respondents to consider the petitioners

representation dated 09.04.2022 and to restore the petitioners seniority as

fixed by the Tamil Nadu Public Service Commission at the time of

recruitment and give effect to the petitioners seniority in promotions with the

effect from the date of the petitioners appointment.

For Petitioner

: Mr.A.Mohan

For Respondents 1 to 5

: Ms.P.Vijaya Devi

Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a

direction to the respondents to consider the petitioners representation dated

09.04.2022 requesting for restoration of their seniority as fixed by the Tamil

Nadu Public Service Commission and give effect to their seniority in

promotions with effect from the date of their appointment.

2.Ms.Vijaya Devi, learned Government Advocate accepts notice on

behalf of the respondents. By consent of both parties, this writ petition is

taken up for final disposal in the admission stage itself.

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W.P.No.35177 of 2022

3. The petitioners are working as Assistant Engineers. The petitioners

claim that they belong to the Scheduled Tribe community. They were

recruited by the Combined Engineering Services Examinations conducted by

Tamil Nadu Public Service Commission in the year 2006. According to the

petitioners, at the time of their recruitment, the petitioners seniority rank has

been fixed as per roster system as 50, 150, 250 & 350 respectively.

According to the petitioners, the Division Bench of this Court allowed a

batch of writ petitions and struck down section 40(1), 40(2) and 70 of

Government Servants (Conditions of Service) Act, 2016. According to the

petitioners, the above referred judgment was upheld by the Hon'ble Supreme

Court and pursuant to the same, the petitioners seniority has been revised as

415, 422, 418 & 419 respectively, as per the Tamil Nadu Public Service

Commission's letter dated 12.10.2021.

4. The petitioners' grievance in this writ petition is that the

respondents have erroneously fixed their seniority. The petitioners have

given a representation on 09.04.2022 to the respondents requesting them to

fix their correct seniority. Since their representation has not been considered

till date, they have filed this writ petition.

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W.P.No.35177 of 2022

5. Heard Mr.A.Mohan, learned counsel for the petitioner and

Ms.P.Vijaya Devi, learned Government Advocate appearing for the

respondents.

6. No prejudice would be caused to the respondents, if the petitioners'

representation as stated supra is considered on merits and in accordance

with law within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the fourth respondent

to pass final orders on merits and in accordance with law on the petitioners'

representation dated 09.04.2022 requesting for fixing their correct seniority

within a period of twelve weeks from the date of receipt of a copy of this

order.

8. With the aforesaid