P KALIAPERUMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant filed the writ petition, challenging the impugned order of the second respondent dated 07.10.2004 upholding the final seniority list dated 10.12.2004. The appellant is an Assistant. For the post of Assistant, the feeder category is Junior Assistant. For the post of Junior Assistant, passing of departmental test is not required as against the post of Assistant. Even at the time of entering the post of Junior Assistant, the appellant did complete the departmental test. The private respondents herein completed the departmental test thereafter.

(2.) The appellant was promoted temporarily to the post of Assistant on 201.1990. But the private respondents, who were otherwise seniors to the appellant in the category of Junior Assistant were promoted thereafter to substantive posts. The seniority list in the cadre of Assistant was drawn by placing the appellant below the private respondents. The appellant challenged the said seniority list and it was revised through the impugned proceedings dated 16.03.2005 inter alia contending that he was actually promoted as an Assistant on 23.01.1990 much prior to the private respondents and even in the cadre of Junior Assistant, he completed the departmental test at the time of entering the said post as against the private respondents, who completed it while working as Junior Assistants. The learned single Judge dismissed the writ petition holding that not only the private respondents were seniors to the appellant in the post of Class V Officers, which is feeder category but they were fully qualified in the said post as well as promotional post at the time of promoting the appellant albeit temporarily. Challenging the same, the present appeal has been filed.

(3.) Learned counsel appearing for the appellant reiterated the aforesaid two contentions. It is submitted that the order dated 22.01.1990 would enure to the benefit of the appellant. He was promoted ahead of the others. Therefore, it should be deemed as if the merit and ability were taken note of at the relevant point of time. Admittedly, he also completed the departmental test even at the time of entering the post of Junior Assistant. The private respondents completed it thereafter. Therefore, the aforesaid factum will have to be reckoned for the purpose of fixing inter se seniority even in the cadre of Junior Assistant.