M.KENDRA DEVI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) INTRODUCTORY : Whether it is open to the directly recruited Assistant Engineers, Tamil Nadu Highways Engineering Service to challenge the appointments of the dependants of the deceased Government servants on compassionate basis and the Government Order governing such appointments and to claim seniority over them after a period of nine years, is the core issue that arises for our consideration in these intra-court appeals.

(2.) THE appellants are aggrieved by the dismissal of the respective writ petitions challenging the Government Order in G.O.Ms.No.156, Labour and Employment Department dated 16 July 1993 and the seniority list of Assistant Engineers in the Tamil Nadu Highways Engineering Service dated 15 June 2004 placing the Assistant Engineers appointed earlier on compassionate basis above the regularly recruited Assistant Engineers. The procedural History:

(3.) THE appellants in W.A.Nos.1906 to 1910 of 2010 filed three writ petitions. W.P.No.32062 of 2004 was primarily against the seniority list dated 15 June 2004 and the consequential prayer was to place respondents 5 to 33, who were appointed on compassionate grounds, below them. In W.P.No.32063 of 2004, the payer was to quash the Government Order in G.O.Ms.No.155, Labour and Employment Department dated 16 July 1993 insofar as the order excluding Provident Fund Accumulation, Family Benefit, Death-cum-Retirement Gratuity, Encashment of leave at credit at the time of death, interest earnings which accrued on deposit of amounts, for the purpose of consideration of indigent circumstances for compassionate appointment and to declare G.O.Ms.No.156, Labour and Employment Department dated 16 July 1993 as illegal, arbitrary and contrary to Highways Service Rules. W.P.No.32064 of 2004 was filed to issue a writ of Declaration, declaring that the appointment of respondents 5 to 33 as Assistant Engineers in Highways Department was contrary to Highways Engineering Service Rules.