Madras High Court
Mrs.V.Kanimoli vs The Additional Chief Secretary To on 29 August, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 08.08.2025
Pronounced on : 29.08.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 &
12727 of 2024
and
CMP(MD)Nos.17236 & 17237 of 2023 and WMP(MD)Nos.
11294, 11297, 11298, 11329, 11330, 11331 of 2024
In WA(MD)No.2146 of 2023 : -
Mrs.V.Kanimoli ... Appellant / Petitioner
Vs.
1.The Additional Chief Secretary to
Government,
Water Resources Department,
Government of Tamil Nadu,
Secretariat, Chennai – 600 009.
2.The Engineer-in-Chief /
Chief Engineer (General),
Water Resources Department,
Chepauk, Chennai – 600 005.
1/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
3.The Chief Engineer,
Water Resources Department, Trichy.
4.The Chairman,
Tamil Nadu Public Service Commission,
Park Town, Chennai – 600 003. ... Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying
this Court to set aside the order dated 23.11.2023 made in WP(MD)No.
19113 of 2023.
in WA(MD)No.2147 of 2023 : -
Mr.A.Nithyananthan ... Appellant / Petitioner
Vs.
1.The Government of Tamil nadu
through its Additional Chief Secretary to
Government,
Public Works Department,
Secretariat, Chennai – 600 009.
2.The Government of Tamil Nadu,
through its Additional Chief Secretary,
Water Resources Department,
Secretariat, Chennai – 600 009.
3.The Engineer-in-Chief (Buildings),
Public Works Department,
Chennai – 5.
2/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
4.The Engineer – in – Chief,
Water Resources Department,
Chennai – 600 005.
5.Rajkumar S., S/o.A.Sambandam,
Executive Engineer, PWD,
6.Kumar S.Executive Engineer, PWD,
S/o.Shanmugam,
7.Selvakumar, K. S/o.Kaliyaperumal,
Executive Engineer, PWD ... Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying
this Court to set aside the order dated 23.11.2023 made in WP(MD)No.
4288 of 2022.
in WP(MD)No.12710 of 2024 : -
Ms.A.N.Sara ... Petitioner
Vs.
1.The Government of Tamil Nadu,
through Chief Secretary,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Additional Chief Secretary to
Government,
Water Resources Department,
Government of Tamil Nadu,
Secretariat, Chennai – 600 009.
3/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
3.The Engineer-in-Chief /
Chief Engineer (General),
Water Resources Department,
Chepauk, Chennai – 600 005.
4.The Chief Engineer,
Water Resources Department, Trichy.
5.The Chairman,
Tamil Nadu Public Service Commission,
Park Town, Chennai – 600 003.
6.S.Sivakumar, Superintending Engineer
7.R.Ramesh, Superintending Engineer
8.C.Podupanithilagam,
Joint Chief Engineer (General) / Director,
Water Resources Staff Training Institute,
O/o.the Engineer – in – Chief &
Chief Engineer (General),
Water Resources Department,
Chennai.
9.R.Joel Sathish, Superintending Engineer
10.S.Sivakumar, Superintending Engineer
11.M.Magaesh Natarajan, Superintending Engineer
12.S.Kumar, Superintending Engineer
13.S.Kalaiselvi, Superintending Engineer
14.M.Shanmugam, Superintending Engineer
15.P.Arumugam, Superintending Engineer
4/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
16.S.Thirumalaikumar, Superintending Engineer
17.V.Sugumaran, Superintending Engineer
18.R.Tamilselvan, Superintending Engineer ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus to
call for the records pertaining to the Impugned Proceedings in EIC.
Proc.No.S2(2)/73076/2006 dated 13.10.2021 on the file of respondent
no.3 and consequent impugned GOs in G.O.(2D) No.60 , Water
Resources (A1) Department Dated ) 04.01.2024 and G.O.(2D) No. 1,
Water Resources (A2) Department Dated 04.01.2024 on the file of
respondent no.2 and quash the same as illegal and consequently for a
direction, directing the respondents to fix my seniority No.12 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 fourth respondent in 1997-98 batch in the
light of directions of the Apex Court in Contempt Petition (Civil) Diary
No.(S) 6415/2021 in SLP(C) No.2886 of 2016 dated 09.05.2024 and
consequently include the name of the petitioner in the panel for
promotion as Superintendent Engineer with effect within the time period
stipulated by this Court.
5/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
in WP(MD)No.12727 of 2024 : -
P.Murugavel ... Petitioner
Vs.
1.The Government of Tamil Nadu,
through Chief Secretary,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Additional Chief Secretary to
Government,
Water Resources Department,
Government of Tamil Nadu,
Secretariat, Chennai – 600 009.
3.The Engineer-in-Chief /
Chief Engineer (General),
Water Resources Department,
Chepauk, Chennai – 600 005.
4.The Chief Engineer,
Water Resources Department, Trichy.
5.The Chairman,
Tamil Nadu Public Service Commission,
Park Town, Chennai – 600 003.
6.S.Sivakumar, Superintending Engineer
7.R.Ramesh, Superintending Engineer
8.C.Podupanithilagam,
Joint Chief Engineer (General) / Director,
Water Resources Staff Training Institute,
O/o.the Engineer – in – Chief &
Chief Engineer (General),
Water Resources Department, Chennai.
6/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
9.R.Joel Sathish, Superintending Engineer
10.S.Sivakumar, Superintending Engineer
11.M.Magaesh Natarajan, Superintending Engineer
12.S.Kumar, Superintending Engineer
13.S.Kalaiselvi, Superintending Engineer
14.M.Shanmugam, Superintending Engineer
15.P.Arumugam, Superintending Engineer
16.S.Thirumalaikumar, Superintending Engineer
17.V.Sugumaran, Superintending Engineer
18.R.Tamilselvan, Superintending Engineer ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus to
call for the records pertaining to the Impugned Proceedings in EIC.
Proc.No.S2(2)/73076/2006 dated 13.10.2021 on the file of respondent
no.3 and consequent impugned G.Os in G.O.(2D) No.60 , Water
Resources (A1) Department Dated ) 04.01.2024 and G.O.(2D) No.1,
Water Resources (A2) Department Dated 04.01.2024 on the file of
respondent no.2 and quash the same as illegal and consequently for a
direction, directing the respondents to fix my 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 fourth respondent in 1997-98 batch in the
7/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
light of directions of the Apex Court in Contempt Petition (Civil) Diary
No.(S) 6415/2021 in SLP(C) No.2886 of 2016 dated 09.05.2024 and
consequently include the name of the petitioner in the panel for
promotion as Superintendent Engineer with effect within the time period
stipulated by this Court.
In WA(MD)No.2146 of 2023 : -
For Appellant : Mr.T.Lajapathi Roy, Senior Counsel
for M/s.Lajapathi Roy and Associates
For Respondents : Mr.N.Satheesh Kumar,
Additional Government Pleader
for R1 to R3
Mr.J.Anandakumar for R4
In WA(MD)No.2147 of 2023 : -
For Appellant : Mr.T.Lajapathi Roy, Senior Counsel
for M/s.Lajapathi Roy and Associates
For Respondents : Mr.N.Satheesh Kumar,
Additional Government Pleader
for R1 to R4
Mr.N.Subramaniyan for R5 to R7
In WA(MD)Nos.12710 & 12727 of 2024 : -
For Appellant : Mr.T.Lajapathi Roy, Senior Counsel
for Mr.S.Lenin Prabhu
8/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
For Respondents : Mr.N.Satheesh Kumar,
Additional Government Pleader
for R1 to R4
Mr.J.Anandkumar for R5
Mr.N.Subramaniyan for R6, R12, R17, R18
JUDGMENT
(By G.R.SWAMINATHAN, J.) Heard both sides.
2.WA(MD)Nos.2146 & 2147 of 2023 are directed against the common order dated 23.11.2023 made in WP(MD)Nos.19113 of 2023 and 4288 of 2022. The petitioners in WP(MD)Nos.12710 & 12727 of 2024 also seek relief on the same lines as that of the appellants.
3.The appellant in WA(MD)No.2146 of 2023 belongs to a Scheduled Caste. She applied in response to the recruitment notification issued by TNPSC for the post of Assistant Engineer (Civil) in Public Works Department for the year 1997-98. She joined in the said post on 08.01.1999. She was ranked at S.No.49 in the list prepared by TNPSC. 9/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 Her service was regularised vide proceedings dated 17.08.1999. After nine years of service, vide G.O Ms.No.44/PW(A) Department dated 05.02.2010, she was promoted as Assistant Executive Engineer for 2007-2008. This was based on her seniority rank No.49 assigned by TNPSC at the time of her selection. She joined in the promoted post on 08.02.2010. She was subsequently promoted as Executive Engineer for the year 2019-20 vide G.O (D) No.346, Public Works (A1) Department dated 27.11.2019. She assumed charge in the promoted post on the same day. Subsequently, following the order made in Contempt Petition (Civil) No.638 of 2017 in Civil Appeal No.4954 of 2016 etc batch, the Engineer – in – Chief / Chief Engineer (General), WRD, Chennai revised her seniority based on her mark in the initial selection list. As a result, her rank was downgraded from S.No.49 to
141. Challenging the same, the appellant filed WP(MD)No.19113 of 2023. The writ petition was, however, dismissed by the learned Single Judge on the ground that the revision of seniority from roster to merit for the same batch of employes hailing from PWD had already attained finality. The learned Judge also took note of the order dated 18.04.2023 in Contempt Petition (Civil) Diary No.(S) 6415/2021 in SLP (C) No.2889 10/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 of 2016. Challenging the same, WA(MD)No.2146 of 2023 has been filed.
4.The appellant in WA(MD)No.2147 of 2023 also belongs to Scheduled Caste. He also participated in the recruitment process for the post of Assistant Engineer (Civil) for the year 1997-98. He was appointed vide proceedings dated 11.01.1999 and joined the post on the same day. He was promoted as Assistant Executive Engineer in the year 2010. He was further promoted to the post of Executive Engineer. On account of the passing of the G.O (3D) No.30, Public Works (A1) Department dated 20.10.2021, the appellant's seniority was revised from 37 to 104. Challenging the same, the petitioner filed WP(MD)No.4288 of 2022.
5.The petitioner in WP(MD)No.12727 of 2024 was also selected for the post of Assistant Engineer (Civil) in the recruitment process held for the year 1997-98. His seniority rank was 30. He joined the post on 17.08.1999. He became Assistant Executive Engineer in the year 2006-07 and he joined on 01.03.2010 and he became Executive 11/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 Engineer on 27.11.2019. The petitioner's seniority rank was downgraded vide the order impugned in the writ petition from 30 to 103 and hence, the above said writ petition was filed.
6.The petitioner in WP(MD)No.12710 of 2024 also was directly recruited as Assistant Engineer (Civil) in the recruitment process held in the year 1997-98. Her seniority rank was 34. The petitioner's service as Assistant Engineer (Civil) was regularised vide proceedings dated 17.08.1999. The petitioner was promoted as Assistant Executive Engineer for the year 2006-07 on 01.03.2010. The petitioner became Executive Engineer on 27.11.2019. The petitioner's seniority rank was downgraded and hence the aforesaid writ petition was filed.
7.The learned Senior Counsel appearing for the appellants/writ petitioners submitted that the department had misconstrued the direction issued by the Hon'ble Supreme Court and erroneously downgraded their seniority position.
12/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024
8.Per contra, the learned Additional Government Pleader appearing for the State submitted that the department has only complied with the order of the Hon'ble Supreme Court and that therefore the challenge mounted by the appellants/petitioners deserves to be rejected. He submitted that the learned Single Judge had rightly non-suited the appellants/writ petitioners and that interference with the said order is not called for.
9.The learned counsel appearing for the contesting respondents strongly submitted that this Court should keep off of the matter since the issue had already attained finality before the Supreme Court of India. He pointed out that the Division Bench of this Court in WA No. 2705 of 2012 etc batch vide order dated 31.03.2015 had held that seniority should be determined based only on merit and not on roster by applying Bimlesh Tanwar v. State of Haryana (2003) 5 SCC
604. The Hon'ble Supreme Court dismissed the SLPs filed against the said order. The review petition filed by the TNPSC was also dismissed. In the meanwhile, Contempt Petition (Civil) No.638 of 2017 was filed against the State for non-compliance of the said order. The State of 13/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 Tamil Nadu enacted Tamil Nadu Government Servants (Conditions of Service) Act, 2016 wherein under Section 40(1) r/w. 1(2) of the Act, the roster point seniority with retrospective effect was directed to be adopted. Since this sought to overreach the decision rendered earlier, the provision was struck down by the Division Bench of this Court in WP No.998 of 2017 etc batch on 15.11.2019. In breach of the same, the Government had issued G.O Ms.No.346 dated 27.1.2019 making promotions to the post of Executive Engineer. Challenging the order dated 15.11.2019 in WP No.998 of 2017 etc batch, SLPs were filed by the State as well as the TNPSC. They were dismissed. The review petitions were also dismissed on 06.07.2020. Since the State had failed to implement the orders of the Hon'ble Supreme Court dated 22.01.2016, 06.05.2016 and 01.10.2021, the Hon'ble Supreme Court held the Secretaries to Government/TNPSC guilty. Thereafter, the Government issued order dated 13.10.2021 revising the seniority based on merit not only for 1997-98 batch but also for the earlier 1997-98 batch. In the meanwhile, the appellants in the present writ appeals filed writ petitions. They were dismissed on 23.11.2023. In the meanwhile, the Hon'ble Supreme Court disposed of the contempt 14/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 petitions on 09.05.2023. The learned counsel for the contesting private respondents would contend that when the Hon'ble Supreme Court had endorsed the action of the State on 13.10.2021 revising the seniority based on merit, this Court ought not to pass any contra direction. He called upon this Court to dismiss the writ appeals and the writ petitions.
10.We carefully considered the rival contentions and went through the materials on record. WA No.2705 of 2012 etc batch (N.Santhosh Kumar v. State of Tamil Nadu) was concerned with those who were selected as Assistant Engineers pursuant to the recruitment notification dated 10.07.1999 issued by TNPSC. The Hon'ble Division Bench in the said decision held as follows :
“84.It will be clear from the above discussion (i) that the decision of the respondents to treat the 100 point roster itself (prevailing at that time) as the seniority list, on the basis of the decision of the Supreme court in P.S. Ghalaut, was not correct in view of the peculiarity of the roster in the State (ii) that in any case, the decision rendered in P.S. Ghalaut was declared as not a good law in Bimlesh Tanwar in the year 2003, without specifically invoking the doctrine of prospective overruling (iii) that at any rate, the first ever seniority list was released by the Engineer-in-Chief of the 15/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 Highways department only on 29.4.2004, which was subsequent to the decision in Bimlesh Tanwar (iv) that all other proceedings issued prior to 29.4.2004, on which reliance is placed by the respondents to attribute knowledge of the seniority position to the appellants herein, did not speak about fixation of seniority specifically and hence the first seniority list should be taken to have been issued only on 29.4.2004 and (v) that therefore, the seniority of the appellants vis-a-vis the other selectees under the notification dated 10.7.1999 should be determined only with reference to the rank assigned to them by the Service Commission in terms of rule 35 (a) of the General Rules for Tamilnadu State and Subordinate Services and not as per the roster.
Therefore, the appellants are entitled to succeed.
85.In view of the above, the writ appeals are allowed, the order of the learned judge is set aside and the writ petitions filed by the appellants are allowed. There will be a direction to the official respondents to take the rank assigned by the Service Commission to the selectees, as the basis for fixation of seniority and issue appropriate orders within a period of 4 weeks from the date of receipt of a copy of this order.” SLP filed against the said decision was dismissed by the Hon'ble Supreme Court. Since the order of the Supreme Court was not 16/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 complied with, ContP(Civil) No.638 of 2017 (V.Senthur v. M.Vijayakumar, IAS, Secretary, TNPSC) was filed. The direction of the Hon'ble Supreme Court is found in para 29 of the order dated 01.10.2021 as follows :
“29.We therefore direct the respondents to revise and publish the seniority list of the selectees, who were selected in the selection process conducted in pursuance of the notification issued by TNPSC dated 10th September 1999, strictly on the basis of the merit determined by it in the selection process and not on the basis of the roster point. The same shall be done within a period of twelve weeks from the date of this order.”
11.It is beyond dispute that the appellants/writ petitioners were selected as Assistant Engineers by TNPSC not pursuant to the notification dated 10.09.1999 but pursuant to the earlier notification issued in the year 1997-98. The Hon'ble Supreme Court in its subsequent order dated 18.04.2023 in Contempt Petition (Civil) No. 6415 of 2021 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 benefit is granted to either of the parties ie. as per 17/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 the roster or as per the seniority list, the seniority list finalized after 10th March, 2003 will have to be 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.
21.We therefore, direct the State Government to complete the exercise of finalising the seniority lists of selection processes conducted after 10th March, 2003 on the basis of the principle that the seniority list shall be reckoned only on the basis of the merit as determined by TNPSC in the selection process.
22.It is further made clear that if any list is finalized in case of selections held prior to 2003 giving benefit to the persons selected as per their seniority or as per merit, the same shall also not to be disturbed.” When it is beyond dispute that the appellants/writ petitioners were selected in the recruitment process held in the year 1997-98 and their seniority list was finalised before the cut off date ie., 10.03.2003, their seniority could not have been upset or disturbed. The stand of the respondents that seniority has to be determined not based on roster point but based on one's merit in the selection process is beyond cavil.
It is too well settled. The decision of the Hon'ble Supreme Court in Bimlesh Tanwar v. State of Haryana (2003) 5 SCC 604 has 18/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 placed the position beyond any doubt. But till the pronouncement of Bimlesh Tanwar, the position was otherwise. When the appellants/petitioners were selected, seniority was determined only based on roster point. This was not challenged at all. It had attained finality. Based on this seniority position, the appellants/writ petitioners were promoted to the post of Assistant Executive Engineer in the year 2006-07 also. This position could not have been unsettled based on subsequent developments that took place some eighteen years later. In fact, the written notes submitted by the learned counsel for the contesting respondents concedes that the revision of seniority made on 13.10.2021 was not pursuant to the direction given by the Hon'ble Supreme Court on 01.10.2021. That is why, in the said written notes, the learned counsel was careful enough to remark that the revision of seniority by the State Government was based on the spirit of the order of the Supreme Court.
12.The learned Senior Counsel appearing for the appellants/writ petitioners would comment that if relief is not granted to the petitioners herein, the result will be that in future, there will not be a single SC 19/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 candidate available for the post of Superintending Engineers and Chief Engineers. Though such consideration of social justice did sway our minds, the outcome of the present order is not solely based on the same. Rather, it rests on the twin reasons mentioned in the preceding paragraph.
13.When it is conceded by the State that the Hon'ble Supreme Court in the contempt proceedings was concerned only with the Assistant Engineers who were recruited in the year 1998-99 and the Hon'ble Supreme Court also subsequently clarified that the seniority list finalized before 10.03.2003 ought not to be disturbed, we fail to understand as to how without the express leave of the Hon'ble Supreme Court, the government touched the seniority position of the writ petitioners which had already attained finality. The petitioners had joined as Assistant Engineers and their seniority was also duly assigned. Based on the same, they were also promoted to the next promotional post ie., AEE. Almost more than a decade later, their seniority position was downgraded by the State, even though the Hon'ble Supreme Court was not concerned with the case of the writ petitioners. If really the 20/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 State wanted to overhaul the entire seniority position, they need not have stopped with the year when the appellants were recruited.
14.It is in this view of the matter, we set aside the order of the learned Single Judge impugned in these writ appeals and the orders impugned in the writ petitions. We direct that the State Government shall not downgrade the seniority assigned to the writ petitioners originally at the time of their recruitment for the year 1997-98 without the express leave of the Hon'ble Supreme Court. Their original seniority position will continue till then. We say so because it is not open to the Government to interpret the orders of the Hon'ble Supreme Court. It is for this reason, relief is granted to the appellants/writ petitioners in the above terms.
15.These writ appeals and the writ petitions are allowed accordingly. No costs. Connected miscellaneous petitions are closed.
(G.R.S., J.) & (K.R.S., J.)
29.08.2025
Index : Yes / No
Internet : Yes / No
NCC : Yes / No
SKM
21/23
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W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 To
1.The Additional Chief Secretary to Government, Water Resources Department, Government of Tamil Nadu, 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, Park Town, Chennai – 600 003.
5.The Engineer-in-Chief (Buildings), Public Works Department, Chennai – 5.
6.The Engineer – in – Chief, Water Resources Department, Chennai – 600 005.
7.The Chief Secretary, Secretariat, Fort St.George, Chennai – 600 009.
8.The Engineer-in-Chief / Chief Engineer (General), Water Resources Department, Chepauk, Chennai – 600 005.
9.The Chief Engineer, Water Resources Department, Trichy.
10.The Chairman, Tamil Nadu Public Service Commission, Park Town, Chennai – 600 003.
22/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm ) W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 G.R.SWAMINATHAN, J.
AND K.RAJASEKAR, J.
SKM W.A(MD) Nos.2146 & 2147 of 2023 & WP(MD)Nos.12710 & 12727 of 2024 and CMP(MD)Nos.17236 & 17237 of 2023 and WMP(MD)Nos. 11294, 11297, 11298, 11329, 11330, 11331 of 2024 29.08.2025 23/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/09/2025 06:47:05 pm )