Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1955 – r.35(aa) Tamil Nadu State and Subordinate Services Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Tamil Nadu State and Subordinate Services Rules, 1955 – r.35(aa) – Seniority – Appellants were selected as Assistant Engineer – They were direct recruits of first batch selected in 1991-1992 and the second batch in 1993-1995 but got appointment in 1995 and 1998 – Candidates appointed on compassionate basis stood regularized from 1993 – Seniority assigned to compassionate appointees in the seniority list published on 1 January 2004 – Claim by appellants-direct recruits for seniority qua compassionate appointees – High Court, keeping the humanitarian consideration, declined to interfere and dismissed claim – On appeal, held: The compassionate appointments were made after the judgment in Nagpal’s case – In Nagpal’s case, compassionate appointments were restricted to the posts in Class III and Class IV with an object to give relief to the family of the deceased – The judgment in Nagpal’s case became the law and binding on the state government under Art.141 – Therefore, compassionate appointments were made de hors the said judgment by the state government under its executive fiat, prima facie, not sustainable in law – However, at the same time, the compassionate appointments and the regularisation were not challenged and the question was raised after long time and after seniority list came to be published – Moreover, there was no allegation of their ineligibility for post of Assistant Engineer – Thus, in the peculiar facts and circumstances, compassionate appointees are entitled to seniority as per the list for the reason that all compassionate appointments were made at different point of time, and if that is taken at its face value, there was no infirmity in the seniority – Prior to the joining of the appellants, first and second batch of compassionate appointments was regularized – The seniority being consequential was rightly assigned to the compassionate appointees – Taking into consideration the humanity aspect and the fact that compassionate appointees are in service for more than two decades, seniority list not disturbed and not interfered – Constitution of India – Art. 141. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 288 |
Petitioner | M. Kendra Devi |
Respondent | The Government Of Tamil Nadu And Others |
SCR | [2022] 9 S.C.R. 255 |
Judgement Date | 2022-03-10 |
Case Number | 1918 - 1919 |
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