V. SELVANATHAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) Introductory:-

(2.) The appellants filed a writ petition in W.P.No.14327/2010, challenging the seniority list of Assistant Engineers as on 1 January 2004 and 1 January 1993 and the seniority list of Assistant Divisional Engineers as on 1 April 2004 and 1 April 2008, primarily on the ground that Assistant Engineers selected for appointment in the Public Works Department were appointed in the Tamil Nadu Highways Department and placed above the regularly recruited Assistant Engineers in the Highways Department. The appellants made a request for revising the seniority list of Assistant Engineers and Assistant Divisional Engineers and place them above the respondents 4 to 17.

(3.) The appellants made a claim before the writ court that respondents 4 to 17 were selected for appointment to the post of Assistant Engineers in Public Works Department. Since sufficient posts were not available, their names were included in the waiting list. Subsequently, they were accommodated in the Tamil Nadu Highways Department through back door and without following any kind of transparent process. The appellants further contended that they were appointed in the Highways Department pursuant to the notification issued for the year 1989-90. Since the respondents 4 to 17 were appointed only in the Public Works Department, they should have been placed below the appellants in the seniority list taking into account the fact that their substantive appointment was not in the Highways Department.