SU GANGAATHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.Venkatachalapathy, learned Senior Counsel for Mr.M.Sriram appearing for the petitioner and Mr.S.Sivashanmugam, learned Government Advocate appearing for the respondents.

(2.) THE petitioners herein are working in Public Works Department. THE present writ petitions are filed seeking direction to the respondents to fix the seniority of the petitioners from the date of original appointment made during 1984 without reference to the serial number assigned by Tamil Nadu Public Service Commission.

(3.) THE learned Senior counsel has referred to the judgement of the Supreme Court in Pawan Pratap Singh and others v. Reevan Singh and others reported in CDJ 2011 SC 119 for contending that seniority can be granted from back date and if it is based on valid qualification, there is no irregularity on the same and however, no seniority can be reckoned from the date of occurrence of vacancy and if it is direct recruitment, who cannot claim from the date of occurrence of a vacancy and can claim seniority from the date of his regular appointment. THErefore, taking inspiration of the same, the learned senior counsel for the petitioner submitted that the petitioners have been appointed during 1984 and discharging their functions and there was no direct recruitment during the said period and hence, their demand was justified.