Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 66001

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
DR.A.SENTHIL – Appellant
Versus
THE STATE OF TAMIL NADU – Respondent
WP No. 22407 of 2026

Advocates:
For the Appellants/Petitioners: N. Kavitha Rameshwar
For the Respondents: K. Sathish

The court directed the administrative authority to consider and decide upon a fresh representation regarding the reckoning of seniority for a government employee selected in an earlier recruitment batch but appointed later.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to reckon seniority based on the 2005-2009 recruitment batch for the post of Assistant Surgeon. The petitioner was selected in the TNPSC examination for the 2005-2009 batch but was appointed as Assistant Surgeon (General) on 13.03.2013, having previously served as a temporary appointee under Rule 10(a)(i) of the Tamil Nadu State and Subordinate Service Rules. The petitioner contended that the delay by the government in making permanent appointments should not prejudice their seniority in the Civil Medical List (CML). The core issue is whether the petitioner's seniority should be reckoned from the recruitment batch year (2005-2009) rather than the date of permanent appointment. The court, without delving into the merits of the case, observed that the petitioner's representation dated 31.03.2026 had not been considered by the respondents. This court directs the petitioner to give a fresh representation to the third respondent, within a period of six weeks from the date of receipt of copy of this order and on receipt of such representation, the third respondent shall pass orders, after giving opportunity to the petitioner, within a period of six weeks thereafter.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing to the respondents to reckon the petitioner’s seniority, pursuant to the appointment made in the post of Assistant Surgeon (General) vide proceedings dated 13.03.2013 for the recruitment year 2005-2009 batch and revise the petitioners Civil Medical List (CML) accordingly.

For Petitioner(s): Mr. N.Kavitha Rameshwar

For respondent :

Mr.K.Sathish, Gov.Adv., for R1 to R4

ORDER

This Writ Petition has been filed seeking direction to the respondents to reckon the petitioner’s seniority, pursuant to the appointment made in the post of Assistant Surgeon (General) vide proceedings dated 13.03.2013 for the recruitment year 2005-2009 batch and revise the petitioners Civil Medical List (CML) accordingly.

The case of the petitioner is that he participated in the written examination conducted by the Tamil Nadu Public Service Commission for the recruitment year 2005-2009 for the post of Assistant Surgeon and he was selected. However, the petitioner was appointed as Assistant Surgeon (General) only on 13.03.2013 and pursuant to the said order, he joined the service. In the meanwhile, the petitioner was appointed as Temporary appointee as Assistant Surgeon at Government Hospital Hosur under Rule 10(a)(i) of the Tamilnau State and Subordinate Service Rules, vide proceedings dated 06.06.2011.

The respondent regularised the service of the petitioner w.e.f. 11.07.2011, however, CML seniority of the petitioner had been fixed in 2018, considering him as part of 2005-2009 batch, pursuant to which his appointment was made in the year 2013. According to the petitioner, he passed the examination held for the 2005-2009 batch, and on that basis alone, his CML seniority should be considered and reckoned. The delay on the part of the government in making permanent appointments on the basis of TNPSC (2005- 2009) batch examinations cannot be prejudiced the petitioner. Hence the petitioner submitted a representation dated 31.03.2026, requesting the respondents to reckon his seniority as 2005-2009 batch appointee and place him in the correct CML seniority. However, it was not considered. Hence this writ petition.

Heard the learned counsel appearing on either side and perused the materials available on records carefully.

The petitioner filed this writ petition seeking a larger relief. However, considering the facts and circumstances of the case and without going into the merits of the case, this court directs the petitioner to give a fresh representation to the third respondent, within a period of six weeks from the date of receipt of copy of this order and on receipt of such representation, the third respondent shall pass orders, after giving opportunity to the petitioner, within a period of six weeks thereafter.

With the above directions, this writ petition is disposed of. There shall be no order as to costs.

17-06-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

MRP

1. The State Of Tamil Nadu

Principal Secretary to Government

Health and Family Welfare Department

Fort St. George, Secretariat

Chennai.

2. Directorate Of Medical And Rural Health