T VADIVEL Vs. STATE OF TAMIL NADU
HIGH COURT OF MADRAS
STATE OF TAMIL NADU
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(1.) In this writ petition, the Firka Revenue Inspector, Theni Firka, Theni District has challenged the entire seniority.
(2.) Today, it is submitted by Mr.C.Venkatesh Kumar, learned Counsel appearing for the petitioner and accepted by Mr.T.Lajapathi Roy, the learned counsel for the private respondent No.5 that the very same seniority is the subject matter of W.A.(MD).No.836 of 2018 etc., batch, which was allowed by a Division Bench of this Court on 30.08.2019.
(3.) In the above said writ appeal at paragraph No.27,the Hon'ble Division Bench has held as follows:
"27.In the result, the Writ Appeal (MD)Nos.836, 892, 974 and 1683 of 2018 and W.P(MD)No.17169 of 2018 are disposed of as follows:-
(a) the orders impugned in the writ petitions are set aside and the matter is remitted back to the first respondent Government to make necessary amendments to the relevant rules indicating the date of preparing the seniority list by taking note of the observations and findings rendered supra.
(b) the preparation of seniority list in this case should not go either by calendar year or by fixing 15th March as the crucial date.
(c) such seniority list is to be prepared by giving a reasonable gap between the date of preparation of such list and date of preparation of panel for promotion.
(d) the inter se seniority of the direct recruit assistants shall be fixed by strictly following the cyclical order referred to under Clause 9 of Annexure IX of the Tamil Nadu Ministerial Service Rules.
(e) the first respondent Government thus shall pass appropriate orders making amendment to the rules as directed supra within a period of two months from the date of receipt of a copy of this order.
(f) on the basis of the orders to be passed by the first respondent Government amending the rules, the authority concerned shall prepare the subject matter seniority list afresh accordingly within a period of four weeks thereafter.
(g) the seniority list as well as panel for promotion to the next higher post shall be prepared for every year without accumulating the same for years together.
No costs. Consequently, connected Miscellaneous Petitions are closed." ;
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