R.BALAKRISHNAN Vs. TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) W .P.No.34957 of 2006 was initially filed by five petitioners, seeking to challenge G.O.Ms.No.104 Highways Department dated 19.06.2000 in so far as assigning higher ranks to candidates belonging to a particular class of Backward class who scored lesser marks than the candidates of same group and same class of Backward class who secured higher marks and after setting aside the same seeks for a consequential direction to TNPSC to prepare the revised list of candidates to be appointed as Assistant Engineers in Highways Department for the year 1997-99 and communicate the revised list to all the selected candidates with marks of all candidates and also to direct respondents 2 and 3 to pass consequential orders including revision of seniority list of Assistant Engineers as on 01.01.2004 published by the third respondent Chief Engineer (General), Highways Department dated 29.04.2004.

(2.) THE writ petition was admitted on 10.01.2007. Subsequently, the original prayer was amended to the effect that the D.O.Letter dated 20.08.1998 sent by the second respondent to the first respondent Tamil Nadu Public Service Commission also to be set aside. Subsequently, an application under Rule 2(b) was filed to defend the respondents in a representative capacity and that application was ordered and petitioners 6 to 21 were impleaded as parties.

(3.) W .P.No.1447 of 2005 was filed by one petitioner seeking to challenge a rejection letter given by the TNPSC dated 24.12.2004 refusing to revise the seniority list in respect of the post of Assistant Engineer, Rural Development in Panchayat Union for which selections were made during the year 1997. Pending the writ petition, it was stated that any promotion made on the basis of the existing seniority will be subject to the result of the writ petition. Counter affidavit has also been filed.