WA/2494/2024 of THE GOVERNMENT OF TAMILNADU Vs T Kaliarajan on 7 September 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra court appeal has been instituted by State challenging the writ order dated 05.04.2024 passed in WP.No.5903 of 2018.

2. The respondent filed writ petition seeking fixation of seniority with effect from the date of his initial appointment as Assistant on 01.05.2001 with all consequential monetary benefits, instead of 09.12.2011 as fixed by G.O. (3D) No.43, Rural Development and Panchayat Raj Department, dated 09.12.2011.

3. The respondent served as Radio Supervisor in the Rural Development Department from 13.11.1997 in Tiruppur Division. Consequent to the introduction of the Tamil Nadu Panchayats Act, 1994, more powers were delegated to the President of the Village Panchayats, and the Tamil Nadu Local Administration Radio and Television Maintenance Organization under the control of the Rural Development Department had been abolished vide G.O.Ms.No.229, Rural Development Department, dated 30.08.2000.

4. Subsequently, the Radio Supervisors, who served in the Radio and Television Maintenance Organization were allowed to continue to work in the Rural Development Department with pay protection only. There is no equivalent post of Technical Assistant and Radio Supervisor in the Rural

Development Department.

5. Therefore, the Government as an exception absorbed these employees to the posts of Assistants and Deputy Block Development Officer respectively. From the date of disbandment of the Tamil Nadu Local Administration Radio and Television Maintenance Organization from 30.08.2000 till the date of absorption of staff of the organization, their technical experience could not be utilized in the department as there was no necessity for such work. But they were paid salary and allowances continuously, as they were getting before disbandment of the organization.

6. Considering the representation of various technical and non-technical staff, retrenched and absorbed in the Rural Development Department, Government issued G.O.(3D) No.43, Rural Development and Panchayat Raj Department, dated 09.12.2011. By virtue of the Government Order, the respondent was appointed as Assistant with effect from 01.05.2001. The Government Order issued in G.O.(3D) No.43, stipulates certain terms and conditions for permanent absorption of these Radio Supervisors to the post of Assistants.

7. One of the conditions is that, the seniority may be fixed next to the last person in the existing seniority list in the concerned Rural Development Unit at the level of Deputy Block Development Officer and at the level of

Assistant. Therefore, the Government Order clearly stipulates terms for fixation of seniority in respect of the absorbed employees.

8. Learned Special Government Pleader would submit that as per the Government Order, the seniority has been fixed to the respondent herein by placing him as the last person in the seniority list as per G.O.(3D) No.43. Pertinently, the said Government Order issued in G.O.(3D) No.43 dated 09.12.2011 remains unchallenged.

9. Learned counsel for the respondent would submit that in an earlier writ petition, the said G.O. came to be challenged, but the condition has not been set aside by the Courts. Therefore, the condition for fixation of seniority remains intact. Consequently, the seniority has been fixed and the employees are continuing as such.

10. The respondent herein initially filed a writ petition in W.P.No.25256 of 2012 challenging the said G.O.(3D) No.43. Learned Single Judge of this Court passed final orders on 09.07.2014 as follows: “Even though a larger prayer has been sought for, this court, having found that the petitioners are entitled for absorption in the post of assistants with effect from the date they joined the service, with regard to promotion and other benefits which flows from the absorption, will be decided based on the service rules or guidelines applicable from time to time and the petitioners, cannot, as a matter of right, demand promotion. If the petitioners are otherwise eligible and fulfill norms laid down by the Government, the petitioners should be considered to the next level by applying the rules and regulations, including the rules of reservation, the names of the petitioners can be interpolated in the appropriate list and the same can be notionally considered. Since the petitioners are languishing in the post for more than a decade, this court expects the Government to complete the exercise within a period of eight weeks from the date of receipt of a copy of this order. Any other benefits that have been accrued to the petitioners by means of absorption in the post of assistant, may be released forthwith and with regard to the other exercise, namely promotion etc., need not be clubbed for the purpose of withholding any other benefits due to the petitioners in the post of assistants.”

11. The said writ order was taken by way of Writ Appeal by the State in W.A.No.1762 of 2015. The Division Bench of this Court dismissed the appeal on 09.08.2016. Respondent filed Contempt Petition in Cont.P.No.1289 of 2017. Implementing of the orders of the learned Single Judge as confirmed by the Division Bench, Government issued a letter dated 19.12.2016. The said letter came to be challenged in W.P.No.5903 of 2018. Therefore, the contention raised by the learned counsel for the respondent that this Court issued a positive direction during the earlier round of litigation deserves no merit consideration. Government rejected the claim of the respondent and a fresh writ petition came to be filed. Therefore, relief cannot be sought based on the directions issued by this Court during the first round of litigation.

12. In respect of the present writ order under challenge, the learned Single Judge granted the relief, directing the authorities to fix the seniority of the respondent from his initial date of appointment i.e., 01.05.2001 onwards. The correctness of the said direction is to be considered by this Court.

13. This Court is of the considered view that the Tamil Nadu Local Administration Radio and Television Maintenance Organization was formed for the benefit of the people residing in Village Panchayats. To run the organization, posts of Radio Supervisor were created. Government conferred more powers to the President of the Panchayat Union, which resulted in abolition of Radio and Television Maintenance Organization in Panchayat. In order to protect the livelihood of these employees already working in the organization, Government initially granted pay protection and subsequently, absorbed them to the posts of Assistant and Deputy Block Development Officer into Government Services by obtaining concurrence from the Tamil Nadu Public Service Commission. Instead of retrenching those employees, Government extended the benefit of permanent absorption in the Department in a suitable post by way of concession. Therefore, permanent absorption of these employees by itself is a concession extended by the Government and for such absorption, relevant Service Rules were also relaxed in favour of the individuals.

14. While granting permanent absorption and by relaxing the relevant Service Rules, Government imposed the condition that their seniority is to be fixed as a last employee in the existing seniority list from the date of the Government Order issued in G.O.(3D)No.43. Several thousands of employees in the cadre of Assistant and Deputy Block Development Officers are working across the State, and in order to protect their seniority, a condition has been imposed to include the newly absorbed employees as a last employee in the existing seniority list. The said condition was accepted by the newly inducted employees and they have joined in the Department. Thereafter, they filed a writ petition. During the first round, they have not succeeded. The present litigation is a second round of litigation. Government Order issued in G.O.(3D) No.43 and the conditions fixed for fixation of seniority remains intact even as on today.

15. The only ground raised by the respondent is that in respect of one writ appeal order not connected with the respondent herein passed in WA.Nos.988, 2619 and 2641 of 2018 batch, dated 02.04.2019, State preferred SLP (C) Nos.7434 to7442 of 2020 and the said SLP is pending before the Hon'ble Supreme Court of India. However, no stay has been granted. Since there is no stay, the matter was heard by this Court.

16. In respect of the facts in the present case, the post of Radio Supervisor is not equivalent to the post of Assistant. The posts of Technical Assistant and Radio Supervisor are falling under the Tamil Nadu Engineering Subordinate Services. However, the posts of Assistant and Deputy Block Development Officer are falling under the Tamil Nadu Ministerial Service. Therefore, the services are distinct and different.

17. When the respondent was permanently absorbed to the post of Assistant from the post of Radio Supervisor, he was placed last in the seniority list in order to protect the seniority of the existing employees across the State of Tamil Nadu working in the cadre of Assistant and Deputy Block Development Officer. Therefore, the condition imposed by the Government regarding fixation of seniority is in the interest of the large number of employees whose seniority is already fixed and waiting for their promotion. The newly absorbed employees cannot be an obstacle for securing promotion to the senior employees working in the Department. Thus, the condition imposed for fixation of seniority cannot be termed as illegal.

18. That apart, permanent absorption of the respondent by itself is a concession extended by the Government and done by relaxing the relevant Rules and with the concurrence of the Tamil Nadu Public Service Commission. The first round of litigation initiated by the respondent failed. Therefore, they have instituted the second round of litigation. Under these circumstances, this Court is of the considered view that the condition imposed for fixation of seniority remains intact and is being followed by the Department and as per the seniority, the respondent was already promoted to the post of Deputy Block Development Officer. However, subject to the final orders to be passed in the SLP, if any further relief is granted by the Hon'ble Supreme Court of India, such benefits shall be granted to the respondent herein also, after disposal of the SLP and at the time of implementation of the order to be passed by the Apex Court of India. As of now, in the opinion of this Court, the respondent is not entitled to any further relief.

19. Consequently, the impugned writ order made in WP.No.5903 of 2018, dated 05.04.2024 passed by the learned Single Judge is set aside and the writ appeal stands allowed. No costs. The connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 07-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 2494 of 2024 07-09-2026