1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.11375 of 2011 and M.P.(MD)Nos.2 and 3 of 2011 1.P.Rajmohan S/o.K.Periyapayal, Assistant Executive Engineer, Agricultural Engineering Department, Dindigul. 2.K.Ranjithkumar S/o.T.P.Karuppasamy, Assistant Executive Engineer, Agricultural Engineering Department, Madurai - 14. : Petitioners Vs. 1.The State of Tamil Nadu, Rep. by its Secretary to Government, Agricultural Department, Secretariat, Chennai - 600 009. 2.The Chief Engineer, (Agricultural Engineering) 487, Anna Salai, Nandanam, Chennai - 600 035. 3.R.Murugesan, Assistant Executive Engineer, (Agricultural Engineering), O/o.The Chief Engineer (Agricultural Engg.), Nandanam, Chennai - 600 035. 4.T.Chandhirasekar, Assistant Executive Engineer, (Agricultural Engineering), Government Tractor Workshop, Coimbatore - 3. 5.G.Amuthan, Assistant Executive Engineer, (Agricultural Engineering), Tuticorin. 6.Shanthi Sundar Raman, Assistant Executive Engineer, (Agricultural Engineering), O/o.The Chief Engineer (Agricultural Engg.), Nandanam, Chennai - 600 035. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 and 2 herein to determine the inter-se seniority of all the direct recruits and promotees in the post of Assistant Executive Engineer (Agricultural Engineering) with reference to the date of joining in the post of Assistant Executive Engineer (Agricultural Engineering) of the petitioners as well as the private respondents herein and to prepare the panel for promotion to the post of Executive Engineer (Agricultural https://hcservices.ecourts.gov.in/hcservices/ 2 Engineering) and then only make promotion to the said post. For Petitioner : M/s.M.Ravi For Respondents : Mrs.S.Bharathi 1 and 2 Government Advocate ORDER This writ petition has been filed for the issuance of a Writ of Mandamus directing the respondents 1 and 2 herein to determine the inter- se seniority of all the direct recruits and promotees in the post of Assistant Executive Engineer (Agricultural Engineering) with reference to the date of joining in the post of Assistant Executive Engineer (Agricultural Engineering) of the petitioners as well as the private respondents herein and to prepare the panel for promotion to the post of Executive Engineer (Agricultural Engineering) and then only make promotion to the said post. 2. Both the writ petitioners were appointed as Assistant Engineers (Agricultural Engineering) under Rule 10(a)(1) of the General Rules for Tamil Nadu State and Subordinate Service on 08.03.1982 (P.Rajmohan) and 07.07.1983 (K.Ranjithkumar). Thereafter, the Tamil Nadu Public Service Commission issued notification calling for eligible candidates to participate in the selection proceedings to the post of Assistant Engineer in the Agricultural Engineering Department. Since the petitioners are also possessing the requisite qualification viz., B.E., Mechanical Engineering, they have also applied for the said post while they were working as Assistance Engineer in the respondent department. The Tamil Nadu Public Service Commission after holding the examinations notified the results during the year 1984 even though the examinations were held in the year 1982 declaring that the petitioners have been selected by providing rank numbers at Sl.No.99 and 100 in the said selection. Finally, the petitioners have also been promoted as Assistant Executive Engineer by proceedings dated 30.05.2001. Thereafter, they also joined in the promotional post on 01.06.2001 and 07.06.2001 respectively. The said promotion was obtained only on the basis of the ranks obtained by the petitioners as assigned by the Tamil Nadu Public Service Commission in the feeder post viz., Assistant Executive Engineer. After completion of more than ten years of service as Assistant Executive Engineer (Agricultural Engineering), when the promotion was due to them for the post of Executive Engineer, for the only reason that their services were not regularised in the post of Assistant Executive Engineer, the promotion was denied. 3. However, some of the petitioners' predecessors who have been initially promoted as Assistant Executive Engineer under Rule 39(a)(i) of the Tamil Nadu State and Subordinate Service Rules were also later on promoted as Executive Engineer and Superintending Engineers in the Agricultural Engineering Department under the above mentioned Rule 39(a) (i) without any formal order of regularisation of their services in each and every post. Similarly, the petitioners were also granted due annual increment and other service benefits. Therefore, they did not have any grievance for not getting regularised in their services in the post of Assistant Executive Engineer. When the matter stood as above, the grievance today placed before this Court is that the second respondent https://hcservices.ecourts.gov.in/hcservices/ 3 has initiated the process of preparation of panel by placing the petitioners below their juniors during the empanelment and promotion as Executive Engineers. When the juniors were appointed after the appointment of the petitioners, naturally, they should be placed below the petitioners who are juniors to them. As they have not properly prepared inter-se seniority list unless a direction is given to the respondent to prepare formal seniority list by determining the inter-se seniority list of direct recruits in the post of Executive Engineer (Agricultural Engineering) by taking into account the date of joining in the post of Assistance Executive Engineers of the petitioners as well as the private respondents, it would not be fair and proper on the part of the respondents to promote indiscriminately the juniors who joined in the service admittedly after the petitioners got appointment in the respondent department. 4. In reply, the learned Government Advocate appearing for the respondents submits that the respondents only by exercising their power under Rule 39(a)(i) of the Tamil Nadu State and Subordinate Service Rule, due to the administrative exigencies some temporary promotions were made. If the petitioners and the petitioners' juniors were qualified and eligible for promotion to the post of Executive Engineering (Agricultural Engineering) there would not be any impediment for them to prepare a proper seniority list after determining the inter-se seniority to the direct recruits and promotees in the post of Assistant Executive Engineer (Agricultural Engineer). 5. For this Court also that should be the proper procedure. Therefore, even though the petitioners' juniors were appointed in the promotional post under Rule 39 (a)(1) of the Tamil Nadu State and Subordinate Service Rule, for the reason that the petitioners were not regularised, the respondents should determine the inter-se seniority first, of all the direct recruits and promotees in the post of Assistant Executive Engineer (Agricultural Engineering) service to their date of joining in the post of Assistant Executive Engineer and then to prepare a seniority list to the post of Executive Engineer. In fact the petitioners were appointed on 08.03.1982 and 07.07.1983 respectively under Rule 10(a) (1) of the General Rules for Tamil Nadu State and Subordinate Service and subsequently, on their participation in the examinations held by the Tamil Nadu Public Service Commission, they were also selected and given ranking position as Sl.No.99 and 100 in the said selection. Under these circumstances, even though they completed ten years of service, the petitioners' services were not regularised. Therefore, this is not the fault on the part of the petitioners. The respondents have not regularised even after completion of ten years of service. Hence, the respondents 1 and 2 are directed to determine the inter-se seniority list of the direct recruits and promotees in the post of Assistant Executive Engineer (Agricultural Engineering) by taking into account the original date of joining in the post and then to proceed to give them promotion. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Further, it was brought to the notice of this Court by the learned Government Advocate appearing for the respondents that in a similar matter, the Principal Bench has granted an order of status-quo. If this https://hcservices.ecourts.gov.in/hcservices/ 4 is the position, it is for the parties, namely, the petitioners and the respondents to get the order of status-quo clarified and thereafter, to proceed further in filling up of the promotional post. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS) To 1.The Secretary to Government, The State of Tamil Nadu, Agricultural Department, Secretariat, Chennai - 600 009. 2.The Chief Engineer, (Agricultural Engineering) 487, Anna Salai, Nandanam, Chennai - 600 035. 3.R.Murugesan, Assistant Executive Engineer, (Agricultural Engineering), O/o.The Chief Engineer (Agricultural Engg.), Nandanam, Chennai - 600 035. 4.T.Chandhirasekar, Assistant Executive Engineer, (Agricultural Engineering), Government Tractor Workshop, Coimbatore - 3. 5.G.Amuthan, Assistant Executive Engineer, (Agricultural Engineering), Tuticorin. 6.Shanthi Sundar Raman, Assistant Executive Engineer, (Agricultural Engineering), O/o.The Chief Engineer (Agricultural Engg.), Nandanam, Chennai - 600 035. +1cc to Special government Pleader, SR.No.35723 srm GH : 04.11.2011 : 4p/8c W.P.(MD).No.11375 of 2011 13.10.2011 https://hcservices.ecourts.gov.in/hcservices/