P. MADHU Vs. K. NANTHAKUMAR

JUDGEMENT

(1.) The present matters have arisen on account of the State of Tamil Nadu not giving effect to the Judgments and Orders passed by the Division Bench of the Madras High Court. Not only that, it appears that even after this Court had found various Officers of the State Government to be guilty of contempt of this Court and convicted them, the State Government has not taken the issue seriously. It appears that since this Court was lenient and left the Officers, who were convicted for contempt, only with a warning, the State thought that it could deal with the matter at leisure.

(2.) The First Judgment of the Division Bench of the Madras High Court dtd. 31/3/2015 is very much clear which has been reproduced in Para 17 of our Order dtd. 1/10/2021. The Division Bench has clearly observed that the cases on hand were not individualistic in nature depending upon individual cases facts, and sequences of events. It has further been observed that the case arose out of the most fundamental question as to the principle of law to be applied in the matter of fixation of seniority. The Court observed that the question was on the principle as to whether the seniority of the Candidates selected was to be fixed on the basis of merit as determined by Tamil Nadu Public Service Commission [hereinafter as 'TNPSC '] or as per the roster provided under Rule 35(f) of the General Rules for Tamil Nadu State and Subordinate Services.

(3.) The Division Bench in its first order directed the State Government to take the rank assigned by the TNPSC to the selectees as the basis for fixation of seniority and issue appropriate orders within a period of four weeks from the date of the said order. The first order of Division Bench came to be challenged before this Court. This Court vide Order, dtd. 22/1/2016 dismissed the same.