V VIVEKANANDAN Vs. S PANNERSELVAM

JUDGEMENT

(1.) Aggrieved by the order of the learned single Judge in interfering with the seniority list of the Assistant Divisional Engineers of the Highways Department, dated 29.4.2004, the promotees, have come forward with the present appeals.

(2.) The learned single Judge in the impugned order has narrated the entire background of facts leading to the litigation in detail and we feel it not necessary to reiterate the same once again, however, brief facts in order to understand the case are reproduced hereunder :-

(3.) While the matter stood thus, the Department published seniority list of Assistant Engineers and Junior Engineers as on 01.01.1993, dated 18.4.1994 and the list fit for the post of Assistant Divisional Engineers from the cadre of Assistant Engineer, dated 6.4.1995. The aforesaid Seniority List came to be challenged by an Assistant Engineer, who was subsequently re-designated as Assistant Divisional Engineer before the Tamil Nadu Administrative Tribunal on the ground that the respondents therein are juniors to him in the list of Assistant Engineers, which was done by the Department applying the rule of reservation and that application of Rule 12 of Special Rules to the promotion was erroneous. The Tribunal, by relying upon the decision of the Supreme Court in Ajit Singh Januja & others v. State of Punjab & others, 1996 2 JT 727) allowed the Original Application by observing as follows :-