V.Veerappan vs The Government Of Tamil Nadu
2023 Latest Caselaw 10311 Mad

                                                                                       W.P.No.23936 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 14.08.2023

                                                             CORAM

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                    W.P.No.23936 of 2023

                     1.V.Veerappan
                     2.K.Andrews
                     3.K.Mukunthan                                            ... Petitioners
                                                              Versus
                     1.The Government of Tamil Nadu,
                       Represented by its Additional Chief Secretary,
                       Highways and Minor Ports,
                       Secretariat, Fort St.George, Chennai-600 009.

                     2.The Director General,
                       Highways Department,
                       Guindy, Chennai-600 025.

                     3.The Tamil Nadu Public Service Commission,
                       Represented by its Secretary,
                       Frazer Bridge Road, Chennai-600 003.                   ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                     to issue a Writ of Mandamus directing the respondents to revise the inter-se
                     seniority of Assistant Engineers as made in the representation dated
                     22.06.2023 and the reminder letter dated 06.07.2023 and pass appropriate
                     orders.

                                  For Petitioners   :         Mr.A.K.Sriram, Senior Counsel for
                                                              Mr.R.Kannan
                                  For R1 & R2       :         Mr.V.Jeevagiridharan,
                                                              Additional Government Pleader
                                  For R3            :         Mrs.G.Hema

                     Page No.1 of 6
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                                                                                       W.P.No.23936 of 2023


                                                           ORDER

This Writ Petition has been filed to direct the respondents to revise

the inter-se seniority of Assistant Engineers as made in the representation,

dated 22.06.2023 and the reminder letter, dated 06.07.2023 and pass

appropriate orders.

2.The grievance of the Writ Petitioner is that in the year 2004, the

seniority list as no 01.01.2004 has been published by the Chief Engineer (H)

vide his proceedings No.22369 Admin 3(4) 2004, dated 29.04.2004 for the

post of Assistant Engineers based on the communal roaster fixed by the 3rd

respondent. Aggrieved over the same, the Assistant Engineers in Public

Works Department selected for the year 1998 have filed Writ Petitions

before this Court and the same were dismissed. Challenging the same, Writ

Appeal Nos.2705, 2730, 2731 of 2012, 2394 and 1033 of 2013 have been

filed wherein the Hon'ble Division Bench of Court held that the seniority

should be determined only with reference to the rank assigned to them by

the Service Commission in terms of Rule 35(a) of the General Rules for

Tamil Nadu State and Subordinate Services and not as per the roster and the

same was also confirmed by the Hon'ble Apex Court on 22.01.2016 in

Special Leave to Appeal (C)CC No(s).22094-22098 of 2015. Subsequently,

https://www.mhc.tn.gov.in/judis W.P.No.23936 of 2023

the 3rd respondent has filed review petitions before the Hon'ble Apex Court

and the same was dismissed on 25.08.2020. Despite the same, the seniority

has not been revisited by the concerned authority. In this regard, the

petitioner has sent detailed representation on 22.06.2023 also a reminder,

dated 06.07.2023 to the 2nd respondent, however, no order has been passed.

Hence, seeks direction of this Court.

3.Heard the submissions of the learned Senior Counsel appearing

for the petitioner and the learned Additional Government Pleader appearing

for the respondents 1 and 2 and the learned counsel appearing for the 3 rd

respondent.

4.On perusal of the entire records, it is seen that the petitioner has

sent detailed representation on 22.06.2023 also a reminder, dated

06.07.2023 to the 2nd respondent to revise the seniority on merit as per the

judgment of this Court in Writ Appeal Nos.2705, 2730, 2731 of 2012, 2394

and 1033 of 2013, which have been confirmed by the Hon'ble Apex Court.

Despite receipt of such representation, no order has been passed till date.

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5.In such view of the matter, there shall be a direction to the

petitioner to give fresh representation within a week from the date of receipt

of a copy of this order. On such representation, the respondents shall

consider the same and pass orders on merits and in accordance with law,

within one month, in terms of judgment rendered by the Hon'ble Division

Bench of this Court in Writ Appeal Nos.2705, 2730, 2731 of 2012, 2394

and 1033 of 2013, which have been confirmed by the Hon'ble Apex Court

as stated above.

6.With the above directions, this Writ Petition is disposed of. No

costs.

14.08.2023 Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No Speaking Order/Non-Speaking Order

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To

1.The Additional Chief Secretary, Government of Tamil Nadu, Highways and Minor Ports, Secretariat, Fort St.George, Chennai-600 009.

2.The Director General,

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Highways Department, Guindy, Chennai-600 025.

3.The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, Chennai-600 003.

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N.SATHISH KUMAR, J.

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W.P.No.23936 of 2023

14.08.2023

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