Delay in seeking implementation of an earlier order for notional promotion after retirement and settlement of terminal benefits does not entitle interference with finalized seniority.

(Judgment of the Court was delivered by S.M.Subramaniam J.)

The present intra-Court appeal has been instituted challenging the writ order dated 14.09.2022 passed in W.P.No.24762 of 2022.

2. State preferred the present Writ Appeal mainly on the ground that settled seniority and promotion made in pursuance to the order of the Division Bench of this Court as confirmed by the Hon’ble Supreme Court is unsettled in the writ order impugned and in the event of implementing the said order, the same would result in causing prejudice to the employees whose seniority and promotions were settled in view of the orders of the Court.

3. The respondent was appointed as Plot Watcher on daily wage basis.

Some daily wage Plot Watchers were regularised in the time scale of pay. A batch of daily wage employees have approached the Court and the Courts have directed to regularise their services in a sanctioned post. Since the posts available were inadequate, by creating supernumerary post, the Plot Watchers were accommodated in the regular establishment. The services of these Plot Watchers were regularised and they were subsequently promoted to the post of Forest Watchers and thereafter retired from service. The respondent also attained the age of superannuation and retired from service.

4. The learned counsel for the respondent would mainly contend that the respondent along with other similarly placed employees filed W.P.No.40881 of 2016 seeking a relief to direct the Forest Department to include their names in the panel for promotion to the post of Forester for the year 2011-2012 on par with their juniors without insisting for completion of Vaigai Dam Training. The Writ Petition was disposed of by the learned Single Judge by order dated 22.11.2016. Accordingly, the official respondents were directed to include the names of petitioners in the panel for the year 2011- 2012 and promote them as Foresters from the date on which their juniors were promoted, on notional basis. A direction was issued mainly on the ground that the employees are not undergoing Vaigai Dam Training and due to administrative reasons they were not sent for training.

5. A batch of Writ Petitions were subsequently filed by these daily wage Plot Watchers, who were regularised subsequently in a permanent post and the Division Bench of this Court has passed a common order on 17.04.2018. The issue relating to fixation of interse seniority between direct recruit and promotees were also adjudicated by the Division Bench of this Court. The Writ Appeals were disposed of on 17.04.2018 by issuing the following directions:-

23. Accordingly, this Court issues the following directions:

(i) The appellants as well as the private respondents before this Court shall submit a detailed representation within a period of one month from the date of receipt of a copy of this judgment and appear before the Committee either in person or through their respective counsel, to explain their seniority position, so as to enable the Committee to draft the fresh seniority list of the Forest Guards fit for promotion to the post of Foresters.

(ii) The Committee shall consider the representation of the parties and prepare the seniority list of the Forest Guards fit for promotion to the post of Foresters, on merits and in accordance with the relevant rules and Government orders and applying the rota-quota rule and pass orders, within a period of six months from the date of receipt of a copy of this judgment.

(iii) The Committee shall determine the seniority of the Forest Guards from