WP/1329/2022 of K.Selvaraj Vs he Divisional Engineer (Highways) on 7 October 2026

ORDER

The present writ petition has been filed seeking a Writ of Mandamus directing the respondents to place the petitioner at the appropriate place in the seniority list issued by the respondents on 10.11.2021, in accordance with his date of regularisation, namely, 29.05.1997.

2. The learned counsel for the petitioner would submit that the petitioner was initially appointed as a Nominal Muster Roll employee in the Highways Department on 01.09.1985 and, thereafter, pursuant to G.O.Ms.No.230, Highways (HM2) Department, dated 01.10.1999, he was regularised with effect from 29.05.1997 and joined duty on 02.02.2000. It is his further submission that, ever since his initial appointment, the petitioner has been rendering service with an unblemished record.

3. The learned counsel for the petitioner would further submit that, in the promotion panel dated 10.11.2021, several persons who were regularised subsequent to the petitioner were placed above him, which is contrary to the settled principles governing seniority. Hence, it is his submission that the petitioner ought to be placed at the appropriate place in the seniority list in accordance with his date of regularisation. In this regard, the petitioner has also

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submitted a representation to the respondents on 19.11.2021.

4. Per contra, the learned Special Government Pleader appearing for the respondents would submit that, pursuant to G.O.Ms.No.230, Highways (HM2) Department, dated 01.10.1999, the petitioner was appointed as “சாலை

” பணியாளர்and joined as a Gang Mazdoor on 13.10.1999. He was thereafter regularised with effect from 29.05.1997. While so, a new division, namely, Dharapuram Division, was formed on 01.03.2010 by merging two Sub- Divisions from Pollachi Division and three Sub-Divisions from Erode Division. Consequent upon the formation of Dharapuram Division, the Gang Mazdoors from the aforesaid two divisions were brought under the control of Dharapuram Division with effect from 01.03.2010.

5. It is the specific submission of the learned Special Government Pleader that, though the Gang Mazdoors were initially placed in the panel based on their respective dates of appointment, persons who were appointed earlier in one division would consequently march over Gang Mazdoors who were appointed on a later date in another division. Therefore, in order to ensure equitable distribution of seniority between the two divisions, a mechanism was formulated whereby the Gang Mazdoors from both the divisions were placed alternatively. It is also his submission that the seniority list in question is subject

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to the outcome of W.P.No.22556 of 2017. Hence, he would pray for dismissal of the present writ petition.

6. I have given my anxious consideration to the submissions made on either side.

7. On perusal of the panel dated 10.11.2021, as rightly contended by the learned counsel for the petitioner, it is seen that certain persons who were regularised subsequent to the petitioner have been placed above him. It is not in dispute that the petitioner was regularised with effect from 29.05.1997. In the said panel, the petitioner has been placed at Sl.No.113, while the date of regularisation has been left blank. Above the petitioner, persons who were regularised in the years 1998, 1999 and 2000 have been placed.

8. As rightly contended by the learned counsel for the petitioner, no rationale or reasoning, much less any statutory rule, has been placed before this Court by the respondents to substantiate such placement. Though it is contended on behalf of the respondents that such an arrangement was made to ensure equitable distribution of seniority between the two divisions, in the absence of any statutory rule or other legal basis, such an arrangement, on the face of it,

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appears to be arbitrary. In service jurisprudence, the date of regularisation is a relevant criterion for determining seniority, subject to the applicable service rules. In the present case, it is an admitted position that the petitioner was regularised with effect from 29.05.1997.

9. At this juncture, it is relevant to note that the panel dated 10.11.2021 specifically states that the same is subject to the outcome of W.P.No.22556 of 2017. In this regard, it is relevant to refer to the order passed by the learned Single Judge of this Court in W.P.No.22556 of 2017, dated 19.01.2026, wherein the following order was passed: “9. Accordingly, the following order is passed:

i. The writ petition is allowed.

ii. The impugned order dated 17.07.2017 passed by the respondent is set aside.

iii. The respondent is directed to revise the seniority list of Road Gangmazdoors drawn on 01.04.2017 by reckoning the date of appointment of the employees as Road Gangmazdoors in all five sub~divisions of the Dharapuram Division, strictly in accordance with Rule 35(a) of the Tamil Nadu State and Subordinate Service Rules.

iv. The above exercise shall be completed within a period of two

(2) months from the date of receipt of a copy of this order. v. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.”

10. In view of the aforesaid order, the panel dated 10.11.2021 requires consequential modification. Therefore, this Court finds justification in the

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grievance raised by the petitioner and is of the view that a mandamus ought to be issued directing the respondents to place the petitioner in the appropriate position in the seniority list in accordance with his date of regularisation.

11. Since the panel dated 10.11.2021 is subject to the outcome of W.P.No.22556 of 2017, the respondents are directed to suitably modify the said panel in accordance with the order passed in W.P.No.22556 of 2017. Upon such modification, the respondents shall place the petitioner at the appropriate place in the seniority list in accordance with his date of regularisation, namely, 29.05.1997. It is made clear that persons who were regularised subsequent to the petitioner shall not be placed above him, subject to the applicable service rules and the outcome of any further proceedings.

12. With the above direction, this writ petition is disposed of. The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. The connected miscellaneous petition is closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS

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To

1. The Divisional Engineer (Highways) Construction and Maintenance, Dharapuram Division, Dharapuram-638 656.

2. The Public Prosecutor, High Court, Madras.

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C.KUMARAPPAN J. JRS WP No. 1329 of 2022 AND WMP NO. 1444 OF 2022 07-10-2026

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