MANU/SC/0937/2015

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 6631-6632 of 2015 (Arising out of SLP (C) Nos. 8366-8367 of 2012), Civil Appeal No. 6633 of 2015 (Arising out of SLP (C) No. 10928 of 2012) and Civil Appeal Nos. 6634-6636 of 2015 (Arising out of SLP (C) Nos. 16692-16694 of 2012)

Decided On: 27.08.2015

Appellants: S. Panneer Selvam and Ors. Vs. Respondent: Government of Tamil Nadu and Ors.

Hon'ble Judges/Coram:
T.S. Thakur and R. Banumathi

JUDGMENT

R. Banumathi, J.

1. Leave granted in all the special leave petitions.

2. Common issues involved in this bunch of appeals are: (i)

In the absence of policy decision taken by the State/rules framed pursuant to the enabling provision of Article 16(4A) of the Constitution of India whether a reserved category candidate promoted on the basis of reservation earlier than his senior general category candidate in the feeder category can claim consequential seniority in the promotional post;

(ii) In the absence of policy decision taken by the State with regard to Tamil Nadu Highways Engineering Service Rules, whether Division Bench was right in holding that Article 16(4A) of the Constitution of India by itself would give consequential seniority in addition to accelerated promotion to the roster-point promotees.

3. These appeals are filed assailing the common judgment dated 25.11.2011 passed by the High Court of Judicature at Madras in Writ Appeals No. 113, 207 and 208 of 2009 whereby the High Court while setting aside the order passed by the learned Single Judge observed that the object of the amending Article 16(4A) of the Constitution of India is to give consequential seniority in addition to accelerated promotion to roster-point promotees thereby holding that 'catch-up rule' is not applicable among the Assistant Divisional Engineers appointed from the post of Junior Engineers following the rule of reservation. For convenience, parties are referred to as per their array in the appeals arising out of SLP (Civil) Nos. 8366-8367 of 2012.

4. The Appellants are graduate Assistant Engineers and the contesting private Respondents are Diploma holder Junior Engineers are entangled in several rounds of litigation for about two decades over the nagging question of 'catch-up rule' and the consequential seniority in the promotional post of Assistant Divisional Engineers. Before adverting to the legal issues, it would be appropriate to refer to the background facts. Engineers of Tamil Nadu Highways Department viz., Chief Engineers, Superintending Engineers, Divisional Engineers and Assistant Divisional Engineers are governed by Tamil Nadu Highways Engineering Service Rules. Assistant Engineers, Junior Engineers, Supervisors and further lower categories are governed by Tamil Nadu Highways Engineering Subordinate Service Rules. The categories viz., Assistant Engineers and Junior Engineers were feeder categories to the category of Assistant Divisional Engineer and the first three vacancies to be filled by Assistant Engineers and the fourth vacancy to be filled by recruitment by transfer by Junior Engineer of Tamil Nadu Highways Engineering Subordinate Service. Rule 12 of Special Rules to Tamil Nadu Highways Engineering Service prescribes application of rule of reservation for the appointment of Assistant Divisional Engineers by direct recruitment and recruitment by transfer. Accord........