S.Gnanavel v. The State Of Tamilnadu

in W.A.No.SR2890 of 2024 R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

(Order of the Court was made by R.MAHADEVAN, J.) This petition has been filed by the petitioners/appellants to grant leave to file a writ appeal against the order dated 10.11.2023 passed by the learned Judge, in W.P.No.35800 of 2019.

2. The learned counsel for the petitioners would submit that the petitioners were selected and appointed as Junior Assistant / Typists / StenoTypist Grade III by the TNPSC under Group IV services on various dates from 1994 to 2006; and that, their services were regularized in due course with effect from the date of appointment. They were promoted as Assistants against the vacancies that arose from 2005-06 to 2010-11 on the basis of their seniority; and that, their services were regularised in the post of Assistant vide proceedings dated 20.01.2015. The learned counsel further submitted that the writ petitioners, who are directly recruited Assistants through TNPSC and they were posted to the respective departments, in December 2012, preferred WP.

No.35800 of 2019 seeking to quash the proceedings of the Director of Medical and Rural Health Services, Chennai, dated 20.02.2015 and treat them as seniors for all purposes including promotion and consequential benefits. The learned Judge vide order dated 10.11.2023 allowed the writ petition, by directing the respondents to re-fix the seniority within a period of twelve weeks. According to the learned counsel, the writ petitioners who joined as Assistants in December 2012, are admittedly juniors to the petitioners herein, who were appointed and posted as Assistants in October, 2012 itself. In view of the order so passed by the learned Judge, the right of the petitioners would be severely affected and hence, they sought to challenge the same by filing a writ appeal. Stating so, the learned counsel sought permission of this court to file a writ appeal as against the order passed by the learned Judge in the writ petition. 3.

Considering the reasons stated in the affidavit filed in support of this petition, and having regard to the submissions made by the learned counsel for the petitioners, leave is granted and this petition is ordered accordingly. [R.M.D., J.] [M.S.Q., J.] 11.01.2024 nsd

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

nsd 11.01.2024