Madras High Court
P.Murugavel vs The Additional Chief Secretary To ... on 23 June, 2023
W.P(MD)No.15014 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.15014 of 2023
and
W.M.P.(MD)No.12636 of 2023
P.Murugavel ... Petitioner
Vs.
1.The Additional Chief Secretary to Government,
Water Resources Department,
Government of Tamilnadu,
Secretariat,
Chennai – 600 009.
2.The Engineer-in-Chief /
Chief Engineer (General),
Water Resources Department,
Chepauk,
Chennai – 600 005.
3.The Chief Engineer,
Water Resources Department,
Trichy.
4.The Chairman,
Tamil Nadu Public Service Commission,
Part Town, Chennai – 600 003. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15014 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, directing the
respondents herein to fix the petitioner's seniority No.24 fit for
promotion as Executive Engineer, for the year 2019-2020 as per seniority
Rank No.24 originally assigned during selection of petitioner as
Assistant Engineer by the 4th respondent in 1997-1998 batch, and
consequently direct the respondents herein to delete the name of
petitioner as wrongly fixed either in Seniority No.30 or in Seniority
No.103 in the light of directions of the Hon'ble Apex Court directions in
Contempt Petition (Civil) Diary No.(S) 6415/2021 in SLP (C) No.2889
of 2016 and also considering the representation of the petitioner dated
14.06.2023 submitted to the respondents within the time period
stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy, Senior Counsel,
For M/s.Lajapathi Roy and Associates.
For Respondents : Mr.T.Villavan Kothai,
Addl. Government Pleader for R1 to R3.
Mr.J.Anandkumar,
Standing Counsel for R4.
2/6
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15014 of 2023
ORDER
Heard the learned senior counsel for the writ petitioner, the learned
Additional Government Pleader for the respondents 1 to 3 and the
learned standing counsel for the fourth respondent.
2.The petitioner belongs to schedule caste community. He is also
an engineering degree holder. He was appointed as Assistant Engineer in
Public Works Department in the year 1998. Now the department has
been bifurcated and the petitioner is presently working in Water
Resources Department as Executive Engineer.
3.Earlier seniority was fixed based on communal roster. It has now
held to be held as illegal. Seniority will have to be determined as per
merit.
4.However, the Government of Tamil Nadu took a stand before the
Hon'ble Apex Court that applying this principle will unsettle settled
matters. The Hon'ble Apex Court clarified the position on 18.04.2023 in
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15014 of 2023
P.Madhu Vs. K.Nanthakumar and Another. The Hon'ble Apex Court held
as follows:-
“17. We, therefore, though are not inclined to disturb
the seniority lists which are finalized prior to 10th March,
2003 wherein the benefits is granted to either of the parties
i.e. as per the roster or as per the seniority list, the seniority
list finalized after 10th March,2003 will have to re-visited in
accordance with the law laid down by this Court in Bimlesh
Tanwar (Supra) and the first judgment of the Madras High
Court.”
5.The cut off date has been fixed as 10.03.2003. The learned
senior counsel submitted that since the legal position has already been
clarified, it would suffice if the authorities are directed to consider the
petitioner's representation for retention of his original seniority.
6.The first respondent is therefore directed to consider the
petitioner's representation and pass final order on merits and in
accordance with law 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)No.15014 of 2023
7.This writ petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
23.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
To:-
1.The Additional Chief Secretary to Government,
Water Resources Department,
Government of Tamilnadu,
Secretariat, Chennai – 600 009.
2.The Engineer-in-Chief / Chief Engineer (General),
Water Resources Department,
Chepauk, Chennai – 600 005.
3.The Chief Engineer,
Water Resources Department,
Trichy.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.15014 of 2023
G.R.SWAMINATHAN, J.
ias
W.P(MD)No.15014 of 2023
23.06.2023
https://www.mhc.tn.gov.in/judis
