Madras High Court
T.Kuruthivel Maran vs The Government Of Tamilnadu on 19 June, 2023
W.P(MD)Nos.21380, 4288 & 4287 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)Nos.21380, 4288 & 4287 of 2022
and
W.M.P.(MD)Nos.15546, 15547, 3645, 3646, 3643 & 3644 of 2022
In W.P.(MD)No.21380 of 2022
T.Kuruthivel Maran ... Petitioner
Vs.
1.The Government of Tamilnadu,
Through its Principal Secretary,
Public Works Department,
Secretariat,
Chennai-600 009.
2.The Government of Tamilnadu,
Through its Secretary,
Human Resources Management Department,
Secretariat,
Chennai-600 009.
3.The Engineer-in-Chief(Buildings)
Public Works Department, Secretariat,
Chennai-600 005.
4.R.Muruganantham
Assistant Executive Engineer,
Technical Education Sub Division,
Government College of Engineering Campus,
Salem. ... Respondents
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.21380, 4288 & 4287 of 2022
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this
Court to issue a Writ of Certiorarified Mandamus, to call for the records of the
impugned G.O.(2D) No.23 Public Works (A1) Department dated 30/08/22 on the file
of the 1st respondent and quash the same and further directing the respondents 1 to 3
to prepare the year wise Panel by taking into consideration of the reservation for the
SC/ST communities in the promotional post of Assistant Executive Engineer.
In W.P.(MD)No.4288 of 2022
A.Nithyananthan ... Petitioner
Vs.
1.The Government of Tamilnadu,
Through its Additional Chief Secretary,
Public Works Department,
Secretariat,
Chennai-600 009.
2.The Government of Tamilnadu,
Through its Additional Chief Secretary,
Water Resources Department,
Secretariat,
Chennai.
3.The Engineer-in-Chief(Buildings)
Public Works Department, Secretariat,
Chennai-600 005.
4.The Engineer-in-Chief,
Water Resources Department,
Chennai-5. ... Respondents
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.21380, 4288 & 4287 of 2022
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this
Court to issue a Writ of Certiorarified Mandamus, to call for the records of the
impugned G.O.S.in G.O.(3D) No.29 and consequent G.O.(3D) No.30 both dated
20.10.2021 on the file of the 1st Respondnet and quash the same and further directing
the Respondents to prepare the year wise Panel by taking into consideration of the
reservation for the SC/ST communities in the promotional post of Assistant Executive
Engineer.
In W.P.(MD)No.4287 of 2022
T.Kuruhivel Maran ... Petitioner
Vs.
1.The Government of Tamilnadu,
Through its Additional Chief Secretary,
Public Works Department,
Secretariat,
Chennai-600 009.
2.The Government of Tamilnadu,
Through its Additional Chief Secretary,
Water Resources Department,
Secretariat,
Chennai.
3.The Engineer-in-Chief(Buildings)
Public Works Department, Secretariat,
Chennai-600 005.
4.The Engineer-in-Chief,
Water Resources Department,
Chennai-5. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this
Court to issue a Writ of Certiorarified Mandamus, to call for the records of the
impugned G.O.S.in G.O.(3D) No.31 and consequent G.O.(3D) No.32 both dated
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.21380, 4288 & 4287 of 2022
20.10.2021 on the file of the 1st Respondent and quash the same and further directing
the Respondents to prepare the year wise Panel by taking into consideration of the
reservation for the SC/ST communities in the promotional post of Assistant Executive
Engineer.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondents : Mr.R.Suresh Kumar
Additional Government Pleader for R1 to R3
(in all W.Ps.) : No appearance for R4
COMMON ORDER
In W.P.(MD)No.4287 0f 2022 and W.P.(MD)No.4288 of 2022, the
seniority lists in the posts of Assistant Engineer and Assistant Executive
Engineer in Public Works Department are under challenge at the instance
of two of the officers. In W.P.(MD)No.21380 of 2022, the promotion
panel for the post of Assistant Executive Engineer is under challenge.
2. The writ petitioners were appointed as Assistant Engineers
under SC quota in the year 2000. They were promoted as Assistant
Executive Engineers in the year 2019. Following pronouncement of law
by the Hon'ble Apex Court in Bimlesh Tanwar Vs. State of Haryana
reported in (2003) 5 SCC 604, seniority list in a given post must be
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.21380, 4288 & 4287 of 2022
drawn based on the merit list and not communal roster. The petitioners
faced prospects of downgrading. This had an adverse impact at their
promotional prospects for the post of Assistant Executive Engineer also.
That led to filing of these writ petitions.
3. During pendency of these writ petitions, a development took
place in favour of these petitioners. Since Bimlesh Tanwar Judgment was
not implemented by the Government of Tamil Nadu, the Contempt
Petition came to be filed before the Hon'ble Apex Court. The aggrieved
individuals as well as the Government filed petitions in the said
contempt. The Government applied for modification in the contempt
petition. Vide order dated 18.04.2023, the Hon'ble Apex Court passed
the following order:-
“16. We are of the view that though it can be said that even
after the Judgment of the Indira Sawhney (supra) on 16th November,
1992, the State could not have prepared the merit list on the basis of
roster point, we find that it will not be appropriate to reopen the issues
from as early as 1992. We find that in any case, once the law was
pronounced by this Court specifically in the case of Bimlesh Tanwar
(supra), the State was bound to follow the same.
17. We, therefore, though are not inclined to disturb the
seniority lists which are finalized prior to 10th March, 2003, wherein
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.21380, 4288 & 4287 of 2022
the benefit is granted to either of the parties ie., as per the roster or as
per the seniority list, the seniority list finalized after 10 th March, 2003,
will have to be re-visited in accordance with the law laid down by this
Court in Bimlesh Tanwar (supra) and the first Judgment of this
Madras High Court.”
4. The petitioners herein were appointed in the year 2000 itself.
Since the Hon'ble Apex Court had made it clear that 10.03.2003 should
be the cutoff date, the seniority position of the petitioners which
originally obtained should not be disturbed. The Government as well as
the department are directed to re-visit the issue in the light of the
aforesaid order dated 18.04.2023 passed by the Hon'ble Apex Court. In
other words, the seniority list of the petitioners in the post of Assistant
Engineer will remain as such. If the petitioners had been given
corresponding position in the post of Assistant Executive Engineer also
on that basis, that shall also not be disturbed. In the light of the same,
the promotion panel will have to be redrawn. So far, the promotion panel
has not been implemented. It shall therefore be redrawn. This exercise
shall be completed within a period of eight weeks from the date of
receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.21380, 4288 & 4287 of 2022
5. These Writ Petitions are allowed accordingly. No costs.
Consequently, connected miscellaneous petitions are closed.
19.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
rmi
To
1.The Principal Secretary,
Public Works Department,
Secretariat,
Chennai-600 009.
2.The Secretary,
Human Resources Management Department,
Secretariat,
Chennai-600 009.
3.The Additional Chief Secretary,
Public Works Department,
Secretariat,
Chennai-600 009.
4.The Additional Chief Secretary,
Water Resources Department,
Secretariat,
Chennai.
5.The Engineer-in-Chief(Buildings)
Public Works Department, Secretariat,
Chennai-600 005.
https://www.mhc.tn.gov.in/judis
W.P(MD)Nos.21380, 4288 & 4287 of 2022
G.R.SWAMINATHAN, J.
rmi
W.P(MD)Nos.21380, 4288 & 4287 of 2022
19.06.2023
https://www.mhc.tn.gov.in/judis
