N SURESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Challenge is to the order in G.O.Ms.No.996 dated 4 July 1997 regularising the appointments of temporarily appointed Scientific Assistants Grade II and the consequential proceedings dated 8 December 2010 on the file of third respondent fixing inter se seniority. In short, the petitioners wanted their seniority to be fixed prior to their actual birth in the cadre.

(2.) The petitioners were regularly appointed as Scientific Assistants Grade II based on the selection process initiated by the Tamil Nadu Public Service Commission. The contesting respondents (hereinafter referred to as "temporary appointees") were appointed as Scientific Assistants Grade II on temporary basis under Rule 10(a)(i) of General Rules of the Tamil Nadu State and Subordinate Service Rules. The appointments were made during the period from 19 February 1987 to 7 August 1989. The temporarily appointed Scientific Assistants filed original applications in O.A.No.1727 and 1728 of 1989 to quash the notification issued by the Tamil Nadu Public Service Commission dated 13 September 1989 calling for applications for direct recruitment and to issue a direction for regularisation of their services. The Tribunal allowed the original applications by order dated 4 December 1981. The said order was challenged by the Government before the Supreme Court in Civil Appeal Nos.1242 and 1243 of 1993. The appeals were later withdrawn. The Government thereafter regularised the services of temporary appiontees by order in G.O.Ms.No.996 dated 4 July 1997. The regularisation was given effect retrospectively taking into account the date of their initial appointment. The third respondent thereafter published the seniority list of Scientific Assistants Grade II. Since seniority was fixed taking into account the initial date of appointment of employees who were regularised by order dated 4 July 1997, respondent Nos.27 and 29 filed Original Application before the Tribunal. The original application was subsequently transferred to this Court and re-numbered as W.P.No.2111 of 2007. The writ petition was dismissed by order dated 2 September 2010. The petitioners thereafter filed the present writ petitions challenging the order in G.O.Ms.No.996 dated 4 July 1997 and the inter se seniority list dated 8 December 2010.

(3.) The Joint Secretary to Government filed a counter affidavit on behalf of the first respondent. According to the first respondent, the Government have regularised the services of temporary appointees in strict compliance of the directions issued by the State Administrative Tribunal in its order dated 4 December 1991 in O.A.Nos.1727 and 1728 of 1989. According to the first respondent, the concerned temporary appointees are seniors to the petitioners and their services were rightly regularised from the date of initial appointments.