Row over promotions of TN government employees: SC to hear petition on February 21
The promotions of government employees in various departments have been caught in a row over the seniority list, as the authorities are unable to take a call on whether it should be decided on the marks assigned by the service commission in terms of Rule 35 (a) of the General Rules for Tamil Nadu State and Subordinate Services or by 200 point roster given in Schedule III of the General Rules for Tamil Nadu State and Subordinate Services for reservation of vacancies under the quota system.
It is learnt the state government is facing contempt petitions after it failed to adhere to Madras High Court order on March 31, 2015, stating seniority should be determined only on merit based on the rank assigned by the service commission in terms of rule 35 (a) of the General Rules for Tamil Nadu State and Subordinate Services and not as per the roster. The Supreme Court also upheld the Madras High Court order on January, 2016.
However, the state government came up with an amendment to the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, offering seniority as per the roster list, and not as per rank assigned by service commission. This amendment was challenged in Madras High Court, and it was struck down by the bench comprising of Justice V Ramasubramanian and Justice P R Shivakumar on November, 2019 terming it as ultra vires and unconstitutional.
A few departments complied with the court orders while effecting changes to the seniority list based on merit from the year 1996. But others like the state highways are yet to comply, leaving promotions to more than 100 posts pending.
Sources said the Supreme Court is likely to take up the Contempt of Court case on February 21, 2023 on a priority basis.
"It is learnt that 75 to 80 posts of assistant divisional engineers, 25 posts of divisional engineers and five posts of superintending engineer are lying vacant in the Highways department for the three years. "This issue has to be sorted out soon. People are languishing without promotion for more than three years. Many are going to retire within a year or two. All the selection list prior to 2016 is under scrutiny," a highways department official told TNIE. The official also questioned a few promotions to the post of chief engineer last year despite the case being sub judice.
The row over the seniority list started on July 10, 1999 after a notification for direct recruitment to 210 posts of assistant engineers (Civil) in the Public Works Department and 269 posts of assistant engineers (Civil/Mechanical) in the Highways department was issued.