Z RAHMATHULLA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The revision of seniority after a considerable period and that too, at the instance of those who have joined the service long after the petitioner made him to file this Writ Petition.

(2.) The petitioner was appointed as Junior Assistant on 01 September, 1983. It was a compassionate appointment. His services were regularised with effect from 01 September, 1983. Respondents 5 to 9 joined the service on the basis of the examination conducted by the Tamil Nadu Public Service Commission in the month of November, 1983. Their services were regularised in the year 1985. The second respondent earlier prepared a combined seniority list of Junior Assistant and Typist, by proceedings dated 02 February, 1994. The petitioner was placed at serial No. 110, whereas respondents 5 to 9 were placed at serial Nos. 118-A, 122, 127, 148 and 153-B respectively. Subsequently, while preparing the list for the post of Assistant, the petitioner was placed at serial No. 1697. Respondents 5 to 9 were placed at serial Nos. 1705, 1707, 1711, 1721 and 1725 respectively. Even in respect of the post of Superintendent, the petitioner was placed above respondents 5 to 9. He was placed at serial No. 673 and respondents 5 to 9 were placed at serial Nos. 680, 682, 685, 687 and 690 respectively. The petitioner was promoted to the post of Assistant Director in the year 2008, taking into account his seniority.

(3.) The Government have issued an order in G.O. Ms.No.951, Personnel and Administrative Reforms Department, dated 14 September, 1984, which provides that seniority should be fixed by considering the date of appointment. The said Government Order also indicates that it would not apply to persons who have already been appointed and it would come into force from the date of its publication in the Government Gazette.