Chennai: The Madras high court upheld an order of a single judge, which directed the authorities to prepare a seniority list of eligible motor vehicle inspectors, grades I and II, by placing a candidate who was appointed on compassionate grounds above two direct recruits, and promote him as deputy transport commissioner on that basis. A division bench, comprising justices V. Dhanpalan (since retired) and G. Chockalingam. disposed of three appeals from P. Baskaran and five others and the state government.
Originally, Sivakumaran was appointed as a motor vehicle inspector, grade II in December 1992 on compassionate grounds. On July 16, 1993, a G.O. was issued waiving the passing of the Tamil Nadu public service commission for persons like Sivakumaran.Thereafter, D. Venkatraman and K.R. Krishnamurthy were appointed as MV inspectors, grade II. They were promoted as MV grade I in 1998 while Sivakumaran was promoted the next year.
But in the order of regularisation, their names were shown above that of Sivakumaran. In 2006, the authorities called for particulars from the first 15 eligible candidates for promotion to the post of regional transport officer. Since the seniority list was not prepared, Venkatraman and Krishnamurthy were among the first 15 to be called for. Contending that since the seniority list was not prepared and his further promotion would be affected, Sivakumaran filed a petition.
The authorities submitted that since Sivakumaran’s services were regularised subsequent to the appointment of the direct recruits, he cannot be placed in the senior list above the direct recruits. However, a single judge allowed his petition. The bench said the authorities took six long years to give the benefit of the July 1993 G.O. This delay cannot be attributed to Sivakumaran and taken advantage of by Venkatraman and Krishamurthy to claim seniority.
As such, the contention that his appointment was de hors the rules and, hence, his seniority has to be counted only from the date on which his services were regularised and the regularisation cannot have retrospective effect for the purpose of seniority, cannot be acceded to, the bench added.
