When the delay in appointment of merit-selected candidates is not attributable to the candidates themselves, the competent authority should consider their request for seniority based on the original merit list for service benefits.

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to pass orders for consideration of the service seniority of the petitioners based on merit in selection to the post of Computer Instructor Grade-I (PG Cadre) in accordance with the selection list dated 11.01.2020 for the purpose of transfer counselling and other academic activities, without reference to the date of joining the service by the petitioners in the facts and circumstances of the case, in consideration of representation submitted by the petitioners, within a time frame to be fixed by this Honble Court.

For Petitioner(s): Mr.S.Nedunchezhiyan

For Respondent(s): Mr.V.Sivalingam, GA for R.1 to R.3

Mr.C.Kathiravan, Standing Counsel for R4.

ORDER

This Writ Petition has been filed for the following reliefs:-

“directing the respondents to pass orders for consideration of the service seniority of the petitioners based on merit in selection to the post of Computer Instructor Grade-I (PG Cadre) in accordance with the selection list dated 11.01.2020 for the purpose of transfer counselling and other academic activities, without reference to the date of joining the service by the petitioners in the facts and circumstances of the case, in consideration of representation submitted by the petitioners, within a time frame to be fixed by this Honble Court”

2. The case of the petitioners is that they participated in the recruitment process for the post of Computer Instructor Grade-I (PG Cadre) pursuant to TRB Notification No.09/2019 dated 01.03.2019 and were selected based on merit, with their names included in the final selection list published on 11.01.2020. Though 814 candidates were selected, only 764 candidates were initially appointed on 04.01.2021, while the petitioners and other similarly placed candidates were not appointed due to pending litigations relating to alleged irregularities in certain examination centres. Pursuant to the enquiry conducted by the Committee constituted as per the direction of this Court, the allegations were found to be unsustainable. Thereafter, the petitioners were issued appointment orders through counselling held on 24.08.2021, and they subsequently joined duty on 04.09.2021.

3.The grievance of the petitioners is that the delay in their appointment was not attributable to them and, therefore, their selection seniority ought to be protected for the purpose of transfer counselling and other service benefits. Hence, the present writ petition has been filed seeking the reliefs stated supra.

4. Heard the learned counsel on either side and perused the records. By consent of the learned counsel on either side, the matter was taken up for final disposal at the stage of admission.

5. Considering the relief sought by the petitioner and in the absence of any serious objection from the learned counsel appearing for the respondents, this Court, without going into the merits of the case, directs the 2^nd respondent to consider and pass appropriate orders on the petitioners’ request, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. Accordingly, the writ petition is disposed of. No costs.