LAWS(SC)-2022-3-32

M. KENDRA DEVI Vs. GOVERNMENT OF TAMIL NADU

Decided On March 10, 2022
M. Kendra Devi Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeals have been preferred by the officers who are direct recruits selected as Assistant Engineers after going through the process of selection held by the Tamil Nadu Public Service Commission (hereinafter being referred to as the "Commission"), claiming their seniority qua such of the candidates who were appointed as Assistant Engineers at different points of time as compassionate appointees and prayed that in the seniority list of Assistant Engineers which came to be published by the State authorities as on 1/1/2004, the present batch of appellants who are direct recruits appointed as Assistant Engineers be ranked senior to the candidates who were appointed as Assistant Engineers on compassionate ground.

(3.) Their grievance primarily is that after the process of selection was initiated by issuance of an advertisement by the Commission, such of the candidates who had either not participated in the process of open selection or had failed to qualify but because of losing their breadwinner, have been directly appointed as Assistant Engineers as compassionate appointees and are placed en bloc senior to the direct recruits Assistant Engineers and that is in violation of Articles 14 and 16 of the Constitution and of Rule 35 of the Tamil Nadu State and Subordinate Services Rules, 1955 (hereinafter being referred to as the "Rules 1955").