Madras High Court
V.Thennarasu vs The State Of Tamil Nadu on 31 October, 2022
W.P.No.34573 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.34573 of 2019
and
W.M.P.Nos.35296 of 2019 & 20642 of 2020
1.V.Thennarasu
2.V.Sangeetha
3.M.Malathy ... Petitioners
Vs.
1.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Revenue Department,
Secretariat, Chennai – 600 009.
2.The State of Tamil Nadu,
Rep. by its Secretary to Government,
Personnel and Administrative Department,
Secretariat, Chennai – 600 009.
3.The Principal Secretary /
Commissioner of Revenue Administration,
Revenue Administration and
Disaster Management Department,
Chepauk, Chennai – 600 005.
4.The Director,
Survey & Settlement Scheme,
Chepauk, Chennai – 5.
Page 1 of 11
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
5.M.Ganesh
6.Tmt.E.Shanavaze
7.A.Arun Kumar ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records relating
to the 3rd respondent order Na.Ka.No.(Pani)4(3) PA.Ve/180/2018 dated
04.12.2019 and quash the same in so far as it relates to respondents 5 to 7
and consequently direct the respondents 1 to 3 to provide the Revenue
Inspector training to the petitioners prior to the respondents 5 to 7.
For Petitioners : Mr.S.Siva Kumar
For R1 to R4 : Mr.D.Gopal
Government Advocate
For R5 : No Appearance
For R6 & R7 : Mr.R.Bharath Kumar
ORDER
The order, sponsoring the respondents 5 to 7 to undergo the Revenue
Inspector training in proceedings dated 04.12.2012, is under challenge in the
present writ petition.
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
2. The grievance of the writ petitioner is that the respondents 5 to 7,
who all were Promotee Assistants were sponsored to Revenue Inspector
training, depriving the right of the writ petitioners, who were directly
recruited as Assistant, in other words, it is contended that without fixing the
seniority in accordance with the rules in force. The respondents 5 to 7 were
sponsored for Revenue Inspector training, which was depriving the right of
the writ petitioners to get promotion in accordance with the rules in force.
3. The learned Government Advocate appearing on behalf of the
official respondents made a submission that the respondents 5 to 7 have
already completed the Revenue Inspector training. The petitioners 1 and 2
have been already sponsored to undergo Revenue Inspector training. The 3rd
writ petitioner was yet to send for training.
4. This Court is of the considered opinion that the Revenue Inspector
training is to be provided in accordance with the seniority of the employees
working in the cadre of Assistant. In the event of sponsoring the candidates to
undergo training in violation of seniority, then the senior employees will be
deprived of their right of promotion to the higher posts. Such anomalous
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
situation would not be created by the respondents unnecessarily. The
Revenue Inspector training is a requisite qualification for the promotion to the
post of Deputy Tahsildar / Superintendent. Therefore, the training is also to
be given in accordance with the seniority, enabling the eligible employees to
get promotion in the order of their seniority and as per the eligibility in
consonance with the rules.
5. Regarding the fixation of seniority, this Court has considered the
principles in a batch of writ petitions in W.P.No.23302 of 2018 etc. and
batch, and the relevant paragraphs are extracted here under:
“7.This being the principles settled by the
Apex Court in number of decisions, this Court is of
the considered opinion that the respondents are
bound to prepare the Seniority List with reference
to Section 40 of the Tamil Nadu Government
Servants(Conditions of Service) Act 2016.
Accordingly, they are bound to follow the
following procedures.
1) The Inter-se Seniority List
between the TNPSC appointees,
promotees and Compassionate
Appointees are to be prepared in the
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
order of seniority. The TNPSC
candidates as per their Merit Ranking
List to be placed first in the seniority list
of the particular year. For instance, the
seniority List, which is under challenge
in the present writ petitions was
published on 31.08.2018 as on
01.03.2014. Thus, the TNPSC candidates
selected during the year 2013-2014 are
to be placed first in the Seniority List as
per their Merit Ranking List.
2) Thereafter, the Departmental
promotees promoted from the category
of Junior Assistant to Assistant are to be
placed based on their respective date of
joining in the Post of Assistant.
3) Thirdly, the Compassionate
Appointees, who all are holding the Post
of Assistant are to be placed in the
Seniority List based on their respective
date of joining in the Post of Assistant
for the purpose of finalizing the Seniority
list. Thus, it is made clear that at the
time of preparation of Inter-se Seniority
List, the respondents are bound to follow
the above order of preference strictly
and scrupulously in order to comply with
the provisions of the Act in this regard.
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
8.After finalizing the Seniority List as stated
above, the authorities competent are bound to
prepare the year-wise panel, considering the
availability of vacancies in the post of
Superintendent. Accordingly, all eligible
candidates, who all are waiting for promotion are
to be considered in the order of their respective
seniority and thereafter, the approved Panel shall
be published and consequently, promotions are to
be issued in accordance with the procedures
contemplated under the Government orders.
9.As far as the writ petitions in
W.P.No.34223 of 2014 and W.P.No.2311 of 2015
are concerned, the respondents are directed to
consider their representation for grant of
relaxation and if relaxations are already granted,
then all suitable actions are to be taken for issuing
orders, granting Notional Promotion with
reference to their seniority in the cadre of Junior
Assistant and accordingly, grant all consequential
benefits by following the procedures as
contemplated.
10.It is made clear that all such cases,
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
where relaxation of rule is required and
consequent orders are passed, the respondents are
bound to deal with those cases on case to case
basis and separate orders are to be passed in
respect of insertion of those candidates in the
appropriate place in the Seniority List.
11.In view of the above facts and
circumstances, the impugned Seniority Lists issued
in Na.Ka.No.33085/R1/2018 and
R.C.No.33085/R1/2018 dated 31.08.2018 in
W.P.Nos.23302 & 23649/2018, as well as the
consequential Provisional panel in
Na.Ka.No.41717/R1/2016 and R.C.No.41717/R1
/2016 dated 04.09.2018 in W.P.Nos.23302 &
23649/2018 stand quashed.
12.The respondents are directed to prepare
and publish the Revised Seniority List and
consequently, prepare the Panel and grant
promotions to all the eligible persons by following
the Statute, Rules and procedures within a period
of twelve (12) weeks from the date of receipt of a
copy of this order. In the event of any objections
from any other individual candidates, who all are
not parties before this Court, the same are to be
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
considered by the respective competent authorities
and those objections are also to be looked into and
appropriate decisions are to be taken in the matter
of fixation of seniority.”
6. The above judgment (cited supra) reveals that the seniority is to be
prepared in accordance with the provisions of the Service Conditions Act and
so also the training must be in accordance with the seniority to provide equal
opportunity to all the employees, who all are aspiring to secure promotion in
accordance with the rules in force.
7. Equal opportunity in promotion is a Constitutional mandate. No
employee can be deprived from the right of promotion on par with other
similarly placed employees. Therefore, while considering employees for
preparation of panel and grant of promotion, the names of the eligible persons
are to be considered in the order of seniority and based on their respective
eligibility in accordance with the rules in force.
8. Thus, the respondents 1 to 4 are directed to prepare the seniority list
in accordance with the provisions of the Service Conditions Act and Rules
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
and accordingly, sponsor the eligible candidates to undergo Revenue
Inspector training, so as to ensure equal opportunity in the matter of
promotion to the higher posts. The said exercise is to be done as
expeditiously as possible. until such an exercise is completed, the respondents
1 to 4 shall ensure that junior employees are not sponsored for training
superseding the seniors, who all are waiting to undergo the Revenue
Inspector training in the order of their respective seniority.
9. With these observations, the Writ Petition stands disposed of. No
costs. Consequently, connected Miscellaneous Petitions are closed.
31.10.2022
Jeni
Index : Yes
Speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
To
1.The Secretary to Government,
The State of Tamil Nadu,
Revenue Department,
Secretariat, Chennai – 600 009.
2.The Secretary to Government,
The State of Tamil Nadu,
Personnel and Administrative Department,
Secretariat, Chennai – 600 009.
3.The Principal Secretary /
Commissioner of Revenue Administration,
Revenue Administration and
Disaster Management Department,
Chepauk, Chennai – 600 005.
4.The Director,
Survey & Settlement Scheme,
Chepauk, Chennai – 5.
https://www.mhc.tn.gov.in/judis
W.P.No.34573 of 2019
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.34573 of 2019
31.10.2022
https://www.mhc.tn.gov.in/judis
