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2025 Supreme(Online)(Mad) 60367
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, V.LAKSHMINARAYANAN, JJ
1.Senthilvadivu, W/o.Newton, Nursing Sister, JIPMER, Puducherry. – Appellant
Versus
1.The Director, JIPMER, Puducherry. – Respondent
W.P.No.17544 of 2024 | W.M.P.Nos.19328 & 19347 of 2024 | T.A.No.1 of 2019
For the Appellants/Petitioners: Mr.P.Chandrasekaran
For RR 1 & 2: Mr.M.T.Arunan Standing Counsel
For RR 3 to 6: Mr.K.M.Ramesh Senior Counsel for Mr.G.Shanmugam
For R7: Tribunal
For RR 8 to 10: No appearance
For R11: Died
The court established that promotions must respect inter se seniority and errors in promotion based on such criteria must be rectified.
Headnote:(A) Central Administrative Tribunal Act, 1985 - Article 226 of the Constitution of India - Seniority and promotion - The petitioners contested the order of the Tribunal regarding seniority among Nursing Sisters and sought a fresh panel to place them above certain respondents based on their seniority - The Tribunal's dismissal of the petitioners' claim was set aside, highlighting that prior orders did not address inter se seniority, and errors in promotion based on seniority were acknowledged. (Paras 23, 27, 41, 51)
(B) Principle of seniority - It is established that a seniority list must not be unsettled once settled; the promoting authority must rectify errors in promotions that violate seniority norms. (Paras 8, 38)
| Table of Content |
|---|
| 1. relief sought by the petitioners. (Para 2 , 3 , 4) |
| 2. litigation history regarding promotions. (Para 6 , 8 , 10 , 12 , 19) |
| 3. interpretation of seniority orders. (Para 28 , 29 , 30 , 31) |
| 4. principle of seniority in service law. (Para 41 , 45 , 46) |
| 5. judgment to revise seniority list. (Para 51) |
ORDER
(Order of the Court was made by V.LAKSHMINARAYANAN, J.)
The petitioner seeks for the following relief:
“to issue a Writ of Certiorarified Mandamus, calling for the records of the 7th respondent relating to the order passed by the 7th respondent Tribunal passed in T. A .No.1 of 2019 dated 29.02.2024 and set aside the same and consequently direct the respondents 1 and 2 to prepare a fresh panel of seniority in the cadre of Nursing Sister by placing the petitioners above the respondents 3 to 6 according to their seniority in the said cadre and promote the petitioners as Deputy Nursing Superintendent.”
2.The petitioners had approached this Court by way of a writ petition in W.P.No.30231 of 2013. This Court by an order dated 01.11.2018, transferred the said writ petition to the file of the Central A dministrative Tribunal (hereinafter referred to as the 'Tribunal') at Chennai. The transfer was effectuated since JIPMER had been notified as an Institution covered under the Central dministrative Tribunal ct , 1985. Consequent to the transfer, the writ petition filed in the year 2013 was numbered as T. .No.1 of 2019. The relief sought for in T. .No.1 of 2019 (W.P.No.30231 of 2013) is as follows:
“It is therefore prayed that this Hon'ble Court may be pleased to issue “WRIT OF CERTIORARIFIED MANDAMUS” or any other writ or order or direction in the nature of writ, calling for the records of the 2nd respondent relating to fixation of seniority of NURSING SISTER through his proceeding No Estt.24(6)/2005 dated 13.12.2011 and quash the same in so far as the petitioners are concerned and direct the respondents 1 & 2 to prepare a fresh panel of seniority in the cadre of NURSING SISTER placing the petitioners above the respondents 3 to 6 according to their seniority in the said cadre and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.”
Facts leading to the Writ Petition
3.The petitioners and the respondents 3 to 6, the respondents 8 to 11 all belong to Scheduled Caste Community (hereinafter referred to as 'SC Community'). The respondents 8 to 11 had originally joined the writ petitioners herein and had filed W.P.No.30231 of 2013. For the sake of convenience, they will be addressed as applicants and respondents 3 to 6 as the private respondents.
4.The applicants were appointed as Staff Nurse in 1994. Six months thereafter, the private respondents were appointed to the same post. On 19.11.2001, a seniority list was published by JIPMER. The applicants had been promoted earlier than the private respondents herein. However, due to certain orders passed thereafter, the private respondents were placed higher than the applicants. For ready understanding, a tabular column is set forth hereunder:
| Sl. No. | Name | Date of Joining | Seniority in Staff Nurse | Date of Promotion to Nursing Sister | Seniority in Nursing Sister |
| 1. | Ramani Srinith | 02.09.1994 | 253 | 12.04.2006 | 87 |
| 2. | Senthilvadivu | 19.11.1994 | 255 | 12.04.2006 | 88 |
| 3. | Thilagavathy Segar | 24.08.1994 | 259 | 12.04.2006 | 90 |
| 4. | Castoury | 26.08.1994 | 260 | 12.04.2006 | 91 |
| 5. | Muganthi | 28.09.1994 | 261 | 12.04.2006 | 92 |
| 6. | Indirani | 30.08.1994 | 262 | 12.05.2006 | 96 |
| 7. | Sumathi Velayudam | 26.08.1994 | 263 | 15.05.2006 | 97 |
| 8. | Rani | 21.12.1994 | 264 | 15.05.2006 | 98 |
| 9. | Thilagavathy | 21.05.1995 | 283 | 16.06.2006 | 99 |
| 10. | V.Buvaneswari | 31.05.1995 | 284 | 04.01.2007 | 40 |
| 11. | V.Sivasankari | 02.06.1995 | 285 | 13.02.2009 | 41 |
| 12. | V.Vimala | 31.05.1995 | 286 | 13.02.2009 | 42 |
| 13. | K.Djeasoudha | 08.01.1996 | 297 | 13.02.2009 | 43 |
5.On account of variation in the seniority of Nursing Sisters, it gave raise to a flurry of original applications and writ petitions. We will place them in a chronological manner.
The several litigations and their results
6.The applicants herein moved the Tribu
