K Palani vs The Secretary on 19 April, 2018

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    Madras High Court

    K Palani vs The Secretary on 19 April, 2018

        2026:MHC:1054
    
    
    
                                                                                      W.P. Nos. 29670/2015 & etc., batch
    
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                               RESERVED ON : 26.02.2026
    
                                               DELIVERED ON : 13.03.2026
    
                                                             CORAM
    
                        THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
    
                        W.P. Nos. 29670/2015, 15623 of 2019, 15973 of 2018, 16924 of 2019,
                                   14887 of 2019 and 1857 of 2020, 22881/2023,
                                           26309/2018 and 26316 /2018
                                                       And
                     WMP.Nos.28559 of 2025, 22357/2023, 22358/2023, 22359/2023, 28558/2015,
                      19210/2016, 31293/2016, 37948/2016, 2166/2020, 2168/2020, 17597/2021,
                      14872/2019, 18240/2019, 28244/2019, 1667/2020, 17598/2021, 8253/2020,
                     15516/2019, 18243/2019, 18400/2019, 18999/2018, 19000/2018, 6895/2020,
                      16502/2019, 16506/2019, 25988/2019, 14062/2019, 1215/2019, 13751/2019
                                                  and 1218/2019
    
                    W.P.No. 29670 of 2015
    
                    1. K Palani
    
                    2. G.Ramu
    
                    3. U.Ramaraj
    
                    4. J.Kalidoss
    
                    5. Mrs.S.Vetriselvi
    
                    6. Mrs.M.Manimegalai
    
                    7. D.Gnanavel
    
                    8. E.Venkatesan
    
                    9. R.Rajkumar
    
                    1
    
    
    https://www.mhc.tn.gov.in/judis              ( Uploaded on: 13/03/2026 05:07:49 pm )
                                                                                   W.P. Nos. 29670/2015 & etc., batch
    
                    10. S. Prema
    
                    11. A.Sanbegaraman
    
                    12. S.Myviliselvi
                    13. O.Janakiram
    
                    14. K.Chenthil Kumaran
    
                    15. P.Ramakrishnan
    
                    16. R.Jaisankar                                                          ..Petitioners
    
    
                                                               Vs.
    
    
                    1. The Secretary,
                    Government of Tamilnadu,
                    Labour & Employment Department,
                    Secretariat, Chennai-600 009
    
                    2. Commissioner of Labour,
                    D.M.S., Mount Road,
                    Teynampet, Chennai-600 018
    
                    3. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Chennai-600 009
    
                    4. N. Vasuki
                    5.K.P. Indhiya
                    6.C.Manjalnathan
                    7.B.Kotteeswari
                    (R4 to R7 are impleaded vide order of this
                    Court dated 19.04.2018)
                    8.D.Thamarai Manalan
                    9.G.Gnanasambantham
                    10.K.Ravi
    
    
                    2
    
    
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                                                                                               W.P. Nos. 29670/2015 & etc., batch
    
                    11. S. Sudha
                    (R8 to R11 are impleaded vide order of
                    this Court dated 19.04.2018)                                                         ..Respondents
    
                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Certiorarfied Mandamus, calling for the
                    records of the Memorandum dated 19.11.2015 in E2/34124/2015 by the 2nd
                    respondent and quash the same and consequentially direct the Respondents to
                    fix the inter-se-seniority and draw a Seniority List to the cadre of Labour
                    Officer in accordance with Rule 35(aa) read with Rule 2(1) of State &
                    Subordinate Service Rules for the post of Labour Officer and pass such further
                    or other orders as deemed fit and proper in the circumstances of the case and
                    thus render justice (PRAYER AMENDED AS PER ORDER
                    DATED:27/06/2016 )
    
                                      For Petitioners :       Mr.Karthik Rajan
                                                              For Mr. K.J. Parthasarathay
    
                                      For Respondents : Mr. R. Neelakandan, AAG
                                                         Asst. by
                                                         Mrs. S. Anitha, Spl.GP – R1 to R3
                                                         Mr.N.Subramaniayn
                                                         For Mr. G. Mutharasu – R4, R6 and R7
                                                         Mr. V.Raghavachari, Senior Advocate
                                                         For Mr. N. Ramakrishnan
                                                         M/s. ARK Law Associates – R5
                                                         Mr. V.Sundar Raman – R8 to R11
    
    
                                                           W.P.No. 15623 of 2019
    
                    B. Kotteeswari,                                                                      .. Petitioner
    
                                                                           Vs
    
    
                    1. The State of Tamil Nadu
                    Rep. by its Secretary,
                    Labour & Employment Department,
                    Fort St. Geroge, Chennai-600 009.
    
                    3
    
    
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                                                                                   W.P. Nos. 29670/2015 & etc., batch
    
    
    
                    2. The Commissioner of Labour,
                    D.M.S. Compound,
                    Teynampet, Chennai-600 018.
    
                    3. The Secretary,
                    Tamil Nadu Public Service Commission,
                    Chennai-600 002.
    
                    4. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Chennai-600 009
    
                    5. N. K. Dhanabalan,
                    6. G. Ramu,
                    7. U. Ramaraj,
                    8. K. Palani,
                    9.J. Kalidoss
                    10.A. Valarmathi
                    11.S.Vetriselvi
                    12.M.Manimegalai
                    13.I.Kannagi
                    14.S.Rajendran (Since Retired)
                    15.D.Gnanavel
                    16.E.Venkatesan
                    17.R.Rajkumar
                    18.S. Prema
                    19.A. Sanbegaraman
                    20. S.Myviliselvi
                    21. O.Janakiram
    
                    22. K.Chenthil Kumaran
    
                    23. P.Ramakrishnan
                    24.D.Lakshminarayanan
                    25.R.Jaisankar
                    26.P.Shobana
                    27.K.Thiruvalluvan
                    28. S.Ponnuswamy
    
    
                    4
    
    
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                                                                                               W.P. Nos. 29670/2015 & etc., batch
    
                    29.T.Tamilarasi
                    30. M. Shanthi
                    31.D.Vimalathanan
                             ..Respondents
                    (R28 to R30 impleaded vide order of this Court dated 08.07.2019
                    and R31 impleaded vide order of this Court dated 29.07.2021)
    
                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Certiorarfied Mandamus, calling for the
                    records Pertaining to the impugned G.O.(Ms)No.38 of Labour and Employment
                    (El) Department, dated 09.04.2019, issued by the 1ª respondent and quash the
                    same and consequently direct the Respondents 1 and 2 to revise the impugned
                    seniority list of the Labour Officers by fixing the seniority of the 15 Labour
                    Officers including the petitioner, placed at Sl.Nos.189 to 203 of the impugned
                    seniority list who were appointed by direct recruitment through Tamilnadu
                    Public Service Commission to fill up vacancies for the year 2010-2011, above
                    the Labour officers, placed at Sl.Nos. 158 to 188 of the impugned seniority list
                    who were appointed by recruitment by transfer in excess of their quota for the
                    year 2011-2012, and pass such further or other orders.
    
                                      For Petitioners :       Mr. N. Subramaniyan
                                                              For Mr. G. Mutharasu
    
                            For Respondents : Mr. R. Neelakandan, AAG
                                               For Mrs. S. Anitha, Spl.GP – R1, R2 & R4
                                               Mr. B. Vijay, Standing Counsel – R3
                                               Mr. V.Vijayshankar – R5 to R13, R15 to R23 and
                                                                            R25 to R27.
                                               Mr. R. Syed Mustafa – R28 to R31
                                               (Respondent Nos. 4,14 and 24 – Batta no filed.)
                    W.P.No. 15973 of 2018
    
                    1 D.Thamaraimanalan
                    2.G.Gnanasambanthan
                    3.S.sudha
                    4.J.Ravi Jeyaram                                                                     ..Petitioners
    
                                                                           Vs.
    
    
    
                    5
    
    
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                                                                                   W.P. Nos. 29670/2015 & etc., batch
    
                    1. The State of Tamil Nadu
                    Rep. by its Secretary,
                    Labour & Employment Department,
                    Fort St. Geroge, Chennai-600 009.
    
                    2. The Commissioner of Labour,
                    D.M.S. Compound,
                    Teynampet, Chennai-600 018.
    
                    3. The Secretary,
                    Tamil Nadu Public Service Commission,
                    Chennai-600 002.
                    4.N.K. Dhanabalan
    
                    5.G. Ramu
                    6. U. Ramaraj
                    7. K. Palani
                    8.J.Kalidoss
                    9.A. Valarmathi
                    10.S.Vetriselvi
                    11.M.Manimegalai
                    12.L.Kannagi
                    13.S.Rajendran (Since Retired)
                    14.D.Gnanavel
                    15.E.Venkatesan
                    16.R.Rajkumar
                    17.S. Prema
                    18.A. Sanbegaraman
                    19. S.Myviliselvi
                    20. O.Janakiram
                    21. K.Chenthil Kumaran
                    22. P.Ramakrishnan
                    23.D.Lakshminarayanan
                    24.R.Jaisankar
                    25.P.Shobana                                                             ..Respondents
    
                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Certiorarfied Mandamus, calling for the
                    records pertaining to the impugned G.O. (Ms)No.48 of Labour and Employment
                    Department, dated 02 04 2012, issued by the 1st Respondent, quash the same
    
                    6
    
    
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                                                                                               W.P. Nos. 29670/2015 & etc., batch
    
                    and consequently direct the Respondents 1 and 2 to regulate the apportionment
                    of vacancies for the post of Labour Officers from the year 2007-2008, 2008-
                    2009, 2009-2010 2010-2011 and 2011-12 among the direct recruitment and
                    recruitment by transfer strictly following the special rules for Labour Officers
                    and pass such further or other orders.
    
    
                                      For Petitioners :        Mr.Sundar Raman
    
                                      For Respondents : Mr. R. Neelakandan, AAG
                                                         For Mrs. S. Anitha, Spl.GP – R1& R2
                                                         Mr. B. Vijay, Standing Counsel – R3
                                                         Mr. R. Syed Mustafa – R4 to R8, R10, 11, 14, 21
                                                                                                and 24.
                                                         Mr.K.J. Parthasarathy – R15 to 20, 22 & 23
                                                         (Respondent Nos. 9, 12 and 13 – No appearance.)
    
    
                                                           W.P.No. 16924 of 2019
    
                    1. D. Thamaraimanalan,
    
                    2. G. Gnanasambanthan,
    
                    3. S. Sudha,
    
                    4. J. Ravi Jeyaram,                                                                  .. Petitioners
    
    
                                                                           Vs
    
    
                    1. The State of Tamil Nadu
                    Rep. by its Secretary,
                    Labour & Employment Department,
                    Fort St. George, Chennai - 600 009.
    
                    2. The Commissioner of Labour,
                    D.M.S. Compound,
                    Teynampet, Chennai-600 018.
    
                    7
    
    
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                                                                                               W.P. Nos. 29670/2015 & etc., batch
    
                    3. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Chennai - 600 009.
    
                    4. The Secretary,
                    Tamil Nadu Public Service Commission,
                    Chennai-600 002.
    
                    5. P. Shobana,                                                                       ..Respondents
    
    
                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Certiorarfied Mandamus, calling for
                    records relating to the order of the 1st respondent made in G.O.(Ms) No.38 of
                    Labour and Employment Department, dated 09.04.2019, to quash the same and
                    to consequently direct the respondents 1 and 2 to regulate the apportionment of
                    vacancies for the post of Labour Officers (now Assistant Commissioner of
                    Labour) from the year 2007-2008, 2008-2009, 2009-2010, 2010-2011 and 2011-
                    2012 among the Direct Recruitment and Recruitment by Transfer by strictly
                    following the Special Rules for Labour Officers and to re-fix the seniority and
                    to pass such further or other orders.
    
    
                                      For Petitioners :        Mr.V.Sundar Raman
    
                                      For Respondents : Mr. R. Neelakandan, AAG
                                                         For Mrs. S. Anitha, Spl.GP – R1 to R3
                                                         Mr. B. Vijay, Standing Counsel – R4
                                                         (Respondent No. 5 – Batta not filed.)
    
                                                           W.P.No. 14887 of 2019
    
                    S.P. Shanthi                                                                         ..Petitioner
    
                                                                           Vs
    
                    1. The State of Tamil Nadu
                    Rep. by its Secretary,
                    Labour & Employment Department,
                    Fort St. George, Chennai - 600 009.
    
                    8
    
    
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                                                                                   W.P. Nos. 29670/2015 & etc., batch
    
    
    
                    2. The Commissioner of Labour,
                    D.M.S. Compound,
                    Teynampet, Chennai-600 018.
    
                    3. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Chennai - 600 009.
    
                    4. The Secretary,
                    Tamil Nadu Public Service Commission,
                    Chennai-600 002.
    
                    5.N.K.Dhanabalan
                    6. G. Ramu,
                    7. U. Ramaraj,
                    8. K. Palani,
                    9.J. Kalidoss
                    10.A. Valarmathi
                    11.S.Vetriselvi
                    12.M.Manimegalai
                    13.I.Kannagi
                    14.S.Rajendran (Since Retired)
                    15.D.Gnanavel
                    16.E.Venkatesan
                    17.R.Rajkumar
                    18.S. Prema
                    19.A. Sanbegaraman
                    20. S.Myviliselvi
                    21. O.Janakiram
    
                    22. K.Chenthil Kumaran
    
                    23. P.Ramakrishnan
                    24.D.Lakshminarayanan
                    25.R.Jaisankar
                    26.P.Shobana
                    27.K.Thiruvalluvan
                    28. S.Ponnuswamy
    
    
                    9
    
    
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                                                                                               W.P. Nos. 29670/2015 & etc., batch
    
                    29.T.Tamilarasi
                    30. M. Shanthi
                    32.D.Vimalathanan                                                                    ..Respondents
    
                    (R28 to R30 impleaded vide order of this Court dated 03.07.2019
                    and R31 impleaded vide order of this Court dated 29.07.2021)
    
    
                              Prayer : Writ Petition filed under Article 226 of the Constitution of
                    India praying for the issuance of a Writ of Certiorarfied Mandamus, calling for
                    the records on the file of the first respondent in relation to the impugned order
                    in G.O.Ms.No. 38 Labour and Employment (E-1) Department dated 9.4.2019,
                    quash the same and consequently direct the first respondent to fix the quota
                    between direct recruits and promotees for vacancies each year in the ratio of 1:2
                    as per Explanation 1 to Rule 2 and Tamil Nadu Labour Service Rules and
                    consequently prepare the final seniority list by following the Rota-Quota rule
                    prescribed in Explanation 1 to Rule 2 of the Tamil Nadu Labour Service Rules
                    and to pass such further or other orders.
    
    
    
                                      For Petitioners :        Mrs. Dakshayani Reddy, Senior Advocate
    
                                                              For M/s. S. Suneetha
    
                                      For Respondents : Mr. R. Neelakandan, AAG
                                                        For Mrs. S. Anitha, Spl.GP – R1 to R3
                                                        Mr. B. Vijay, Standing Counsel – R4
                                                        Mr. V.Vijayshankar – R5 to R13, R15 to R27
                                                        Mr. R. Syed Mustafa – R28 to R31
                                                        (Respondent No. 14 – No Appearance.)
    
    
    
                                                            W.P.No. 1857 of 2020
    
                    1.D.Balathandautham
    
                    2.T.Murugesan
    
                    3.P.Lenin
    
                    10
    
    
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                                                                                   W.P. Nos. 29670/2015 & etc., batch
    
                    4.C.Manjalthanan
    
                    5.M.Sridhar                                                              ..Petitioners
    
                                                               Vs
    
                    1. The State of Tamil Nadu
                    Rep. by its Secretary,
                    Labour & Employment Department,
                    Fort St. George, Chennai - 600 009.
    
                    2. The Commissioner of Labour,
                    D.M.S. Compound,
                    Teynampet, Chennai-600 018.
    
                    3. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Chennai - 600 009.
    
                    4. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Fort St. George,
                    Chennai-600009.
    
                    5.P.Munian
                    6.K.M.C. Lingam
                    7.G.Geetha
                    8.M.M.Kamalakannan
                    9. A.Mohamed Abdul Kader Subair
                    10.S.Sudalairaj
                    11.V.G.Rameshkumar                                                       ..Respondents
    
                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Certiorarfied Mandamus, calling for the
                    records pertaining to the impugned orders in 1) G.O (3D) No.8, Labour and
                    Employment (E1) dated 03-04-2008, (ii) G.O. (Ms) No.77, Labour and
                    Employment (E1) dated 25-06-2009, (iii) G.O (Ms) No.79, Labour and
                    Employment (E1) dated 28-04-2010 and (iv) G.O. (Ms) No.280, Labour and
                    Employment (E1) dated 28-12-2010 issued by the 1st Respondent, and to quash
                    the same and consequently direct the respondents 1 and 2 to regulate the
    
                    11
    
    
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                                                                                    W.P. Nos. 29670/2015 & etc., batch
    
                    apportionment of vacancies for the post of Labour Officers (Now redesignated
                    as Assistant Commissioner of Labour) from the year 2007-2008, 2008-2009,
                    2009-2010, and 2010-2011 among the direct recruitment and recruitment by
                    transfer strictly following the Special Rules for Labour Officers taking into
                    consideration of the fact that the Labour Officers recruited by transfer were
                    temporarily promoted in violation of the ratio of exciting vacancies at the
                    relevant point of time from the year 2007 to 2011 and fix the petitioners in
                    appropriate place with all service and monetary benefits within a stipulated time
                    and pass such further or other orders.
    
    
                                        For Petitioners :          Mr.K.S.Viswanathan, Senior Advocate
    
                                                                  For Mr.Alihasan
    
                                        For Respondents : Mr. R. Neelakandan, AAG
                                                           For M/s. M.Keerthika, GA – R1, R2
                                                                                       and R4
                                                           Mr. B. Vijay, Standing Counsel – R3
                                                           Mr. R. Syed Mustafa – R6 to R11
                                                           (Respondent No. 5 – No Appearance.)
    
                                                 W.P.No.22881 of 2023
    
                    1.D.Balathandautham
    
                    2.T.Murugesan
    
                    3.P.Lenin
    
                    4.C.Manjalthanan
    
                    5.M.Sridhar                                                               ..Petitioners
    
                                                                Vs
    
                    1. The State of Tamil Nadu
                    Rep. by its Secretary,
                    Labour & Employment Department,
                    Fort St. George, Chennai - 600 009.
    
    
                    12
    
    
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                                                                                               W.P. Nos. 29670/2015 & etc., batch
    
                    2. The Commissioner of Labour,
                    D.M.S. Compound,
                    Teynampet, Chennai-600 018.
    
                    3.K.M.C. Lingam
                    4.G.Geetha
                    5.M.M.Kamalakannan
                    6. A.Mohamed Abdul Kader Subair
                    7.S.Sudalairaj
                    8.V.G.Rameshkumar                                                                                ..Respon
                    dents
    
                              Prayer : Writ Petition filed under Article 226 of the Constitution of
                    India praying for the issuance of a Writ of Certiorarfied Mandamus, calling for
                    the records relating to the impugned order passed by the 2nd respondent vide i)
                    Memorandum of the Commissioner of Labour in E3/6134/2022 dated
                    20.07.2023 and ii). Memorandum of the Commissioner of Labour in
                    E3/9611/2023 dated 21.07.2023 and quash the same as illegal and
                    consequentially direct the respondents 1 and 2 to fix the seniority list of Direct
                    Recruitment Candidates and Promotion Candidates of Assistant Commissioner
                    of Labour under quota rota rule and in terms of Section 20-B of Special Rules
                    for Tamil Nadu Labour Service and to promote the petitioners in appropriate
                    place and to pass such further or other orders.
    
                                      For Petitioners :        Mr.K.S.Viswanathan, Senior Advocate
    
                                                              For Mr.Alihasan
    
                                      For Respondents : Mr. R. Neelakandan, AAG
                                                         For M/s. M.Keerthika, GA – R1, and R2
                                                         Mr. R. Syed Mustafa – R3 to R7
                                                         R8 - Party-in-Person
    
    
    
    
                    13
    
    
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                                                                                   W.P. Nos. 29670/2015 & etc., batch
    
    
    
    
                                               W.P.No. 26309 of 2018
    
                    S.P. Shanthi                                                             ..Petitioner
    
                                                               Vs
    
                    1. The Secretary,
                    Government of Tamilnadu,
                    Labour & Employment Department,
                    Secretariat, Chennai-600 009
    
                    2. Commissioner of Labour,
                    D.M.S., Mount Road,
                    Teynampet, Chennai-600 018
    
                    3. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Chennai-600 009
    
                    4. Abdul Azeez
                    5. U. Ramaraj
                    6.S.Vetriselvi
                    7. N.K. Dhanapalan
                    (R7 impleaded vide order of this Court dated 04.01.2019)
    
                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Certiorarfied Mandamus, calling for the
                    records of the second respondent herein in the proceedings No. E3/43422/2016
                    dated 17.09.2018 so far as inclusion of the names of the private respondents,
                    quash the same with a consequential direction directing the respondents to draw
                    the panel for promotion to the post of Deputy Commissioner of Labour for the
                    year 2016 by including the name of the petitioner without insisting upon the
                    service qualification as per Rule 2 of the Special Rules for Tamil Nadu Labour
                    Services and consequentially promote the petitioner to the post of Deputy
                    Commissioner of Labour with all attendant benefits and to pass such further or
                    other orders.
    
    
    
                    14
    
    
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                                                                                              W.P. Nos. 29670/2015 & etc., batch
    
                                      For Petitioner :        Mrs. Dakshayani Reddy, Senior Advocate
    
                                                             For M/s. S. Suneetha
    
                                      For Respondents : Mr. R. Neelakandan, AAG
                                                         For M/s. M.Keerthika, GA – R1 to R3
                                                         Mr. R. Syed Mustafa – R5 & R6
                                                         Respondent Nos. 4 & 7 – No appearance)
    
    
                                                          W.P.No. 26316 of 2018
    
                    K. Balamurugan
                            ..Petitioner
    
                                                                          Vs
    
                    1. The Secretary,
                    Government of Tamilnadu,
                    Labour & Employment Department,
                    Secretariat, Chennai-600 009
    
                    2. Commissioner of Labour,
                    D.M.S., Mount Road,
                    Teynampet, Chennai-600 018
    
                    3. The Principal Secretary,
                    Personnel and Administrative Reforms Department,
                    Secretariat, Chennai-600 009
    
    
                    4. Abdul Azeez
                    5. U. Ramaraj
                    6.S.Vetriselvi
                    7. N.K. Dhanapalan
                    (R7 impleaded vide order of this Court dated 04.01.2019)
    
                    Prayer : Writ Petition filed under Article 226 of the Constitution of India
                    praying for the issuance of a Writ of Certiorarfied Mandamus,calling for the
                    records of the second respondent herein in the proceedings No.E3/43422/2016
    
                    15
    
    
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                                                                                              W.P. Nos. 29670/2015 & etc., batch
    
                    dated 17.09.2018 so far as inclusion of the names of the private respondents,
                    quash the same with a consequential direction directing the respondents to draw
                    the panel for promotion to the post of Deputy Commissioner of Labour for the
                    year 2016 by including the name of the petitioner without insisting upon the
                    service qualification as per Rule 2 of the Special Rules for Tamil Nadu Labour
                    Services and consequentially promote the petitioner to the post of Deputy
                    Commissioner of Labour with all attendant service benefits and to pass such
                    further or other orders.
    
    
                                      For Petitioner :        Mrs. Dakshayani Reddy, Senior Advocate
    
                                                             For M/s. S. Suneetha
    
                                      For Respondents : Mr. R. Neelakandan, AAG
                                                         For M/s. M.Keerthika, GA – R1 to R3
                                                         Mr. K.J. Parthasarathy – R5 & R6.
                                                         Respondent Nos. 4 & 7 – No appearance)
    
    
    
                                                            COMMON ORDER
    
    
    
    

    Since the issues involved in all these writ petitions are interconnected

    and arise out of the same subject matter, they are taken up together and disposed

    SPONSORED

    of by way of this common order.

    W.P. No. 29670 of 2015

    2. This writ petition has been filed by the transferees challenging the

    memorandum dated 19.11.2015 issued by the Commissioner of Labour,

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    whereby the representations submitted by the transferees seeking determination,

    fixation, and communication of their inter se seniority in the cadre of Labour

    Officers were rejected. The petitioners contend that such fixation of seniority

    ought to have been carried out in accordance with the provisions of the Tamil

    Nadu State and Subordinate Service Rules.

    W.P. Nos. 15623 of 2019, 15973 of 2018, 16929 of 2019, 14887 of 2019 and
    1857 of 2020, 22881/2023, 26309/2018 and 26316 /2018

    3. In these writ petitions, the petitioners are direct recruits appointed to

    the post of Labour Officer. They challenge the validity and correctness of G.O.

    (Ms) No. 38 dated 09.11.2019, whereby the transferees involved in these

    proceedings were placed above the direct recruits in the seniority list pertaining

    to the cadre of Labour Officers. The direct recruits were appointed in December

    2012 against the vacancies pertaining to the year 2010–2011, whereas the

    transferees were appointed in April 2012 against the vacancies pertaining to the

    year 2011–2012.

    4. Background of W.P. No. 29670 of 2015

    4.1. W.P. No. 29670 of 2015 was originally filed seeking issuance of a

    writ of mandamus directing the official respondents to determine and fix the

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    inter se seniority and to draw up a seniority list for the cadre of Labour Officers

    in accordance with Rule 35(a)(i) read with Rule 2(1) of the Tamil Nadu State

    and Subordinate Service Rules. This court vide interim order dated 04.07.2018

    directed the official respondents to prepare a seniority list for the post of

    Labour Officers (now redesignated as Assistant Commissioners of Labour)

    from the year 1997–1998, after inviting objections and suggestions from the

    concerned individuals through the Commissioner of Labour,.

    4.2. Aggrieved by the order dated 04.07.2018 passed by the learned

    Single Judge, the petitioners in W.P. No. 29670 of 2015 preferred W.A. No.

    1715 of 2018 before the Division Bench of this Court. The Division Bench

    disposed of the said writ appeal with a direction to the learned Single Judge to

    work out the inter se seniority between the parties after hearing all the affected

    parties and considering the various grievances raised, including those of the

    direct recruits.

    4.3. Pursuant to the above directions, the first respondent examined the

    matter in detail after considering the objections and suggestions submitted by

    the concerned parties. Consequently, the earlier guidelines issued in G.O. 4(D)

    No. 30 dated 23.08.1996 were set aside. Thereafter, a final inter se seniority list

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    for the cadre of Assistant Commissioners of Labour (formerly Labour Officers)

    was prepared between the direct recruits and the transferees from the year 1998

    onwards, in accordance with Sub-section (2) of Section 40 of the Tamil Nadu

    Government Servants’ Conditions of Service Act, 2016 (corresponding to the

    erstwhile Rule 35(aa ) of the General Rules). In the said seniority list, the

    transferees were placed above the direct recruits. Aggrieved , the direct recruits

    are before this court.

    5. Learned counsels appearing for the direct recruits, submitted that the

    Explanation to the Special Rules for the Tamil Nadu Labour Service, which

    governs appointments to the post of Assistant Commissioner of Labour,

    specifically provides that the first vacancy shall be filled by direct recruitment

    and the next two vacancies shall be filled by recruitment by transfer from the

    category of Deputy Inspector of Labour. Therefore, according to the learned

    counsel, invoking sub-section (2) of Section 40 of the Tamil Nadu Government

    Servants’ Conditions of Service Act, 2016 for the purpose of fixing inter se

    seniority lacks statutory authority.

    5.1. The learned counsel further submitted that, as per the Explanation to

    the Special Rules for the Tamil Nadu Labour Service, vacancies to the post of

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    Assistant Commissioner of Labour are required to be filled strictly in

    accordance with the prescribed ratio between direct recruitment and recruitment

    by transfer. However, in the present case, the transferees were promoted by

    adopting a cadre-wise quota instead of following the vacancy-based ratio

    contemplated under the Special Rules. Consequently, the appointment of the

    transferees by way of promotion/recruitment by transfer is contrary to the said

    Explanation and results in their appointments being in excess of the quota

    earmarked for transferees, thereby encroaching upon the quota reserved for

    direct recruits.

    5.2. It was therefore contended that when the very promotion of the

    transferees is contrary to the governing rules, such transferees, though appointed

    earlier in point of time, cannot claim seniority over the direct recruits whose

    appointments were made strictly in accordance with the rules governing

    appointment to the post of Assistant Commissioner of Labour.

    5.3. The learned counsel further submitted that the Government had

    consistently followed a vacancy-wise quota for filling the posts of Deputy

    Inspector of Labour, in accordance with the principles laid down by the Tamil

    Nadu Administrative Tribunal, Madras, in O.A. Nos.1210 to 1225 of 1992.

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    Pursuant to the said decision, G.O. 4(D) No.30 dated 23.08.1996 was issued

    incorporating the principles enunciated by the Tribunal.

    5.4. However, contrary to the Explanation to rule 2 the Special Rules for

    the Tamil Nadu Labour Service, the principles laid down by the Tamil Nadu

    Administrative Tribunal, and the Government Order issued adopting those

    principles, the first respondent has passed the impugned order placing the

    transferees above the direct recruits in the seniority list. According to the

    learned counsel, such action is arbitrary, contrary to the governing service rules,

    and violative of Articles 14 and 16 of the Constitution of India.

    6. In support of their submissions, they relied upon the legal principles

    established by the courts in the following judgments:…

    i. Union of India and Others Vs. S.D.Gupta and Others [(1996) 8 SCC
    14]
    ii. All India Federation of Central Excise Vs. Union of India & Others
    [(1999) 3 SCC 384]
    iii. Suraj Praksh Gupta and others Vs. State of J & K and Others [(2000)
    7 SCC 561],
    iv. Uttranchal Forest Rangers Association Vs.State of U.P and Others
    [(2006) 10 SCC 346
    v. Arvinder Singh Bains Vs. State of Punjab and Others [(2006) 6 SCC
    673]

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    vi. AFHQ/ISOs SOs (DP) Association and Others VS. Union of India
    and Others
    [(2008) 3 SCC 331],
    vii. R.K. Mobisana Singh Vs. KH. Temba Singh and Others [(2008) 1
    SCC 747]
    viii.
    Bhupendra Nath Hazarika and another Vs. State of Assam and
    Others
    [(2013) 2 SCC 516),

    7.1. In response, Mr.R. Neelakandan, learned Additional Advocate

    General appearing for the State, submitted that the total sanctioned strength in

    the cadre of Assistant Commissioner of Labour is 99 posts. As per the ratio

    prescribed in the Explanation to the Special Rules for the Tamil Nadu Labour

    Service, 33 posts are required to be filled by direct recruitment and the

    remaining posts by recruitment by transfer.

    7.2. The learned Additional Advocate General further submitted that for

    the year 2011–2012, taking into account 13 vacancies that arose due to the

    retirement of direct recruits and 9 promotional vacancies, the total estimate of

    vacancies was approved as 22. Accordingly, 22 Deputy Inspectors of Labour

    were promoted and appointed as Assistant Commissioners of Labour on

    02.04.2012.

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    7.3. It was further submitted that the number of direct recruits holding the

    post of Assistant Commissioner of Labour at that point of time was 18. The

    estimate of vacancies for appointment to the post of Assistant Commissioner of

    Labour by direct recruitment for the years 2007–2008 to 2010–2011 was

    approved as 15. After applying the ratio prescribed under Explanation (1) to

    Rule 2 of the Special Rules, 14 candidates were appointed to the cadre of

    Assistant Commissioner of Labour by direct recruitment on 27.01.2012.

    7.4. Therefore, according to the learned Additional Advocate General, by

    applying Explanation (1) under Rule 2 of the Special Rules, the vacancies were

    filled on the basis of a cadre-wise quota, that is, by maintaining the prescribed

    fixed percentage of posts in the cadre of Assistant Commissioner of Labour

    between direct recruitment and recruitment by transfer.

    8.1. Learned counsel appearing for the transferees, submitted that the

    principles laid down by the Tamil Nadu Administrative Tribunal, Madras, are

    merely directory in nature and not mandatory. According to the learned counsel,

    those principles were issued only as a temporary arrangement and cannot

    override the statutory provisions governing the service.

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    8.2 The learned counsel further submitted that the said principles are

    contrary to the Explanation to Rule 2 of the Special Rules for the Tamil Nadu

    Labour Service as well as Sub-section (2) of Section 40 of the Tamil Nadu

    Government Servants’ Conditions of Service Act, 2016. It was therefore

    contended that the ratio of 1:2 prescribed for appointment to the post of

    Assistant Commissioner of Labour, with respect to the vacancies allocated

    between direct recruitment and recruitment by transfer, has been duly followed.

    Consequently, the inter se seniority has been fixed in accordance with Sub-

    section (2) of Section 40 of the Act, 2016. According to the learned counsel, the

    promotion of the transferees was made strictly in conformity with the statutory

    rules.

    8.3. The learned counsel for the transferees further submitted that Section

    47(1) of the Act, 2016 provides for filling vacancies by promotion from the

    lower category otherwise than in accordance with the normal provisions of the

    Act, in the interest of public service, in situations involving emergency or where

    undue delay would occur in making such promotions. In support of the above

    submissions, the learned counsel relied upon various legal principles laid down

    by the Courts in the following judgments:

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    i. Direct Recruit Class II Engineering Officers’s Association Vs. State of

    Mharastra [(1990) 2 SCC 715]

    ii. Jagdish CH. Patnaik and Others VS. State of Orissa [(1998) 4 SCC
    456]

    iii. BS. Mathur Vs. Union of India [(2008) 10 SCC 271]

    9.1 Mr. Ragavachari, learned Senior Counsel appearing for the direct

    recruits, who are the private respondents in W.P. No. 29670 of 2015, submitted

    that the contention of the State Government that it has adopted the principle of

    “men in position,” thereby maintaining the ratio of 1:2 in the total sanctioned

    strength of 99 posts (i.e., 33 posts for direct recruits and 66 posts for

    transferees/promotees), is contrary to the statutory rules.

    9.2 According to the learned Senior Counsel, such an approach is not

    only violative of the relevant statutory provisions but also results in conferring

    undue advantage upon one category of employees, namely the

    promotees/transferees, under the guise of maintaining the prescribed ratio. This,

    according to him, amounts to permitting an illegality coupled with irregularity

    and is in clear violation of the quota-rota principle governing appointments to

    the cadre. Learned Senior Counsel further submitted that the said contention

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    advanced by the State Government has already been held to be untenable by a

    Division Bench of this Court in W.A. No. 7045 of 2016.

    10. After considering the rival submissions made by the learned counsel

    appearing for the parties and upon perusing the materials placed on record, the

    central issue that arises for consideration in these writ petitions is as follows:

    Whether the appointments to the post of Assistant Commissioner of

    Labour, to be made by way of direct recruitment and recruitment by

    transfer in the ratio of 1:2, ought to be implemented on the basis of a

    cadre-wise quota or a vacancy-wise quota.

    11. Before examining the above issue, it would be appropriate to refer to

    the relevant statutory provisions governing appointment to the post of Assistant

    Commissioner of Labour and the fixation of inter se seniority between direct

    recruits and transferees in the said cadre.

    11.1 Rule 2 of the Special Rules deals with appointment and

    qualifications for appointment among various posts in the Labour Department

    and prescribes qualifications for appointment to the post of Assistant

    Commissioner of Labour by direct recruitment and recruitment by transfer.

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    Explanation to Rule 2 of the Special Rules reads as follows;

    Explanation: Not withstanding anything contained in rule 6
    of the General rules for the Tamil Nadu State and
    Subordinate Services, out of every three vacancies in the
    category of Assistant Commissioner of Labour including
    Assistant Commissioner of Labour (Plantation), the first
    vacancy shall be filled by direct recruitment and the next two
    vacancies shall be filled up by recruitment by transfer from
    the category of Deputy Inspectors of Labour”

    11.2. A careful reading of the Explanation to Rule 2 of the Special Rules

    for the Tamil Nadu Labour Service makes it clear that appointments to the cadre

    of Assistant Commissioner of Labour are to be made in a specific sequence. The

    rule stipulates that out of every three vacancies in the cadre, the first vacancy

    shall be filled by direct recruitment and the next two vacancies shall be filled by

    recruitment by transfer from the category of Deputy Inspector of Labour. Thus,

    the scheme contemplated under the Special Rules is vacancy-based and not

    cadre-based.

    11.3. In other words, appointments by way of direct recruitment and

    recruitment by transfer are to be made with reference to the vacancies that arise

    in the cadre as on the crucial date, and not with reference to maintaining a fixed

    ratio of 1:2 in the total sanctioned strength of 99 posts in the cadre of Assistant

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    Commissioner of Labour. Therefore, vacancies arising due to the retirement of

    direct recruits or those arising due to the retirement of transferees cannot be

    treated separately for the purpose of maintaining the ratio in the total cadre

    strength.

    11.4. The Special Rules do not contain any provision for determining the

    inter se seniority between direct recruits and transferees in the cadre of Assistant

    Commissioner of Labour. Therefore, the seniority has to be determined by

    applying the General Rules, particularly Section 40(2) of the Tamil Nadu

    Government Servants’ Conditions of Service Act, 2016.

    11.5. Sub-section (2) of Section 40 of the Tamil Nadu Government

    Servants’ Conditions of Service Act, 2016 provides that where a service, class,

    category, or grade is filled by more than one method of recruitment, the

    seniority of a person appointed to such service or category shall be determined

    with reference to the date on which he is appointed to that particular category or

    grade. In other words, the provision contemplates that the person who is

    appointed earlier to a particular category or grade shall rank senior to a person

    who is appointed subsequently to the same category or grade.

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    12. The learned counsel appearing for the petitioners- direct recruits do

    not dispute the interpretation or applicability of Sub-section (2) of Section 40 of

    the Act. However, their contention is that the very appointment of the

    transferees by way of recruitment by transfer is illegal, as the appointments

    were made without adhering to the quota–rota principle prescribed under the

    Explanation to Rule 2 of the Special Rules for the Tamil Nadu Labour Service.

    The petitioners therefore contend that when the initial appointment itself is not

    in conformity with the governing rules, the benefit of seniority under Section

    40(2) of the Act cannot be extended to such appointees so as to place them

    above the direct recruits whose appointments were made strictly in accordance

    with the applicable rules.

    13. In response to the above contentions, the State has filed an additional

    counter-affidavit setting out the details of the vacancies allocated for

    appointment to the post of Assistant Commissioner of Labour by way of direct

    recruitment and by promotion/recruitment by transfer for the period from the

    year 2006–2007 to 2011–2012. The said details have been furnished in the form

    of a tabular statement, which is extracted below.

    
    
    
    
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                         Year           No. of             G.O In which            No. of              G.O in
                                        vacancies          appointment             vacancies           which
                                        allotted for       orders issued           allotted for        appointment
                                        Direct                                     Promotees           orders
                                        Recruitment                                                    issued
                           2006-2007          6         G.O. (4D) No.       Nil                        G.O (D) No.
                                                        7, Labour and                                  123, Labour
                                        (Letter (D) No. Employment (Letter (D) No.                          and
                                        418/L&E (E1), Department, dt: 852, L & E, dt:                  Employment
                                        dt: 05.06.2007)  05.12.2008     05.12.2006                     Department,
                                                                                                            dt:
                                                                                                        03.04.2008
                          2007 - 2008         15      G.O. (4D) No.       12         G.O (3D)
                                                      14, Labour and                  No. 12,
    

    (Letter (D) No. Employment (Letter (D) No. Labour and
    499/E1/2009, Department, dt: 455/L&E , dt: Employment
    (L&E), 27.11.2012 13.06.2007) Department,
    dt: 31.08.2010) dt:

    29.04.2008
    2008 – 2009 and 28 G.O (Ms)
    No. 77,
    G.O. (2D) No. (Letter (D) No. Labour and
    19, Labour and 6 /L&E , dt: Employment
    Employment 06.01.2009) Department,
    Department, dt: dt:

    02.05.2014 25.06.2009
    2009 – 2010 38 G.O (Ms)
    No. 79,
    (Letter (D) No. Labour and
    193/E1/2010, Employment
    L&E, Department,
    dt:31.03.2010) dt:

    28.04.2010
    (only 22
    vacancies have
    been filled)

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    2010 – 2011 39 G.O (Ms)
    No. 280,
    (Letter (D) No. Labour and
    602/E1/2010, Employment
    L&E, Department,
    dt:25.11.2010) dt:

                                                                                                        28.12.2010
                                                                                           (only 27
                                                                                        vacancies have
                                                                                          been filled)
    
    
                          2011 -2012               5         G.O. (2D) No.      22        G.O. (Ms)
                                                             58, Labour and                 No. 48,
    

    (letter (D) No. Employment (Letter (D) No. Labour and
    256/E1/2011-9, Department, dt: 65, L &E, dt: Employment
    (L&E), 17.09.2013 03.03.2011) Department,
    dt: 12.06.2012 dt:

    02.04.2012

    The vacancies allocated for appointment to the post of Labour Officer in

    the tabular column are based on the rota–quota principle, that is, on the basis of

    the cadre strength, and not on the basis of the actual vacancies that arose due to

    retirement or other reasons.

    14. The petitioner in W.P. No. 15623 of 2019 has set out the alleged

    violation of the rota–quota rule in a tabular form. Neither the State nor the

    transferees have disputed the number of vacancies that arose during the period

    from 1998 to 2012, the excess appointments made in favour of the transferees,

    or the shortfall in appointments under the quota for direct recruits. The details of

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    the vacancies available during the period from 1998 to 2012 and the

    appointments made through direct recruitment and recruitment by transfer are

    set out as follows:

                         Year of    Actual appointments Total         Excess        (+)                              /
                         appointmen made in the year    appointments/ Shortfall (-)
                         t                              vacancies of
                                                        the year
                                      Rec.by           DR                                     Rec.     by DR
                                      transfer         (Sl.No.                                Transfer
                                      (Sl.No.          From ..to)
                                      From to)
                         1998         13               -                13                    +4             -4
                                      ( 1 to 13)
                         1999         10               11 (24 to 21                           -4             +4
                                      (14 to 23)       34)
                         2000         19               2 (54 & 21                             +5             -5
                                      ( 35 to 53)      55)
                         2002         -                1 (56)           1                     -1             +1
                         2003         3                -                3                     +1             -1
                                      (57 to 59)
                         2008         18               11 ( 60, 79 29                         -              -
                                      ( 61 to 78)      to 88)
                         2009         28          -                     28                    +10            -10
                                      (89 to 116)
                         2010         50               -                50                    +16            -16
                                      (117 to
                                      166)
                         Total        141              25               166                   + 31           -31
                         2012         22               15 (189 to 37                          +13            -13
                                      (167 to          203)
                                      188)
                         Total        163              40               203                   +44            -44
    
    
    
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    15. The table shows the appointments made to the post of Labour

    Officer between 1998 and 2012 through recruitment by transfer and direct

    recruitment. During this period, a total of 203 appointments were made, out of

    which 163 were by recruitment by transfer and only 40 were by direct

    recruitment. This resulted in a significant deviation from the prescribed 1:2

    ratio, leading to excess appointments of transferees and a corresponding

    shortfall in direct recruits. Overall, there was an excess of 44 appointments by

    transfer and a shortfall of 44 direct recruit appointments, indicating a violation

    of the quota–rota principle governing the cadre.

    16. In the preceding paragraphs, it has been held that the quota

    prescribed for appointment to the post of Assistant Commissioner of Labour is

    required to be applied on a vacancy-wise basis and not on a cadre-wise basis.

    Consequently, the appointments made by way of recruitment by transfer in

    favour of the private respondents are found to be in excess of the quota allotted

    to that category under the governing rules.

    17. This view has been arrived at upon a proper interpretation of the

    Explanation to Rule 2 of the Special Rules, as well as the legal principles laid

    down by the Hon’ble Supreme Court and this Court in relation to the issue in

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    question, wherein it has been held as follows:

    18. The interpretation of the Explanation to Rule 2 of the Special Rules

    was examined by the then Tamil Nadu Administrative Tribunal in O.A. Nos.

    1201 and 1226 of 1992. The Tribunal, by order dated 18.02.1994, held that

    seniority normally starts from the date of regular appointment made according

    to the rules, not from the date of confirmation. If a person is appointed only

    temporarily or as a stop-gap arrangement, that period will not count for

    seniority. However, if the person continues in service and is later regularised

    according to the rules, the earlier service may be counted.

    19. When appointments are made from more than one source, the

    prescribed quota between the sources must normally be followed. If the quota

    cannot be followed for a long time and appointments are made from one source

    in excess, it may indicate that the quota system has broken down. In such cases,

    if appointments were otherwise made according to the rules, those appointees

    should not be pushed below persons appointed later from another source. Also,

    if the rules allow relaxation of the quota, it may be presumed that such

    relaxation was granted when deviations occur.

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    20. Pursuant to the order passed by the Tribunal, the Government

    issued orders in G.O. (D) No. 30 dated 23.08.1996, prescribing guidelines for

    fixing the inter se seniority between direct recruits and promotees. The above

    order passed by the Tribunal has attained finality and was not challenged by any

    party. The direct recruits contend that the guidelines prescribed in G.O. No. 30

    dated 23.08.1996 have been consistently followed for fixing the inter se

    seniority between direct recruits and transferees in the Labour Department.

    21. The petitioner in W.P. No. 14887 of 2019 has produced, in the typed

    set of papers, a memorandum dated 04.05.2009 issued by the Commissioner of

    Labour, Chennai. In the said memorandum, it is stated that pursuant to the

    orders passed by this Court in W.P. No. 41427 of 2002 and connected writ

    petitions dated 23.01.2004, the inter se seniority between the direct recruits and

    transferees in the cadre of Assistant Inspectors of Labour in the Tamil Nadu

    Labour Subordinate Service was revised and refixed based on the quota–rota

    rule for the period from 1973 to 1996–1997, in two spells.

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    22. The memorandum further states that for the period from 1997–1998

    to 2007–2008, the quota–rota rule prescribed in G.O. Ms. No. 35, Labour and

    Employment Department, dated 21.03.1996, forms the foundational basis for

    fixing the inter se seniority between direct recruits and transferees.

    23. The said quota–rota rule prescribed under the proviso to Rule 3 of the

    Special Rules for the Tamil Nadu Labour Subordinate Service does not

    contemplate the identification of one substantive vacancy for a direct recruit in

    every rotation of vacancies at the ratio of 1:4. Therefore, the rotation of

    vacancies within the prescribed quota of 1:4 has to be applied on a vacancy-by-

    vacancy basis, both in respect of substantive vacancies and non-substantive

    vacancies, for the purpose of integrating the seniority of direct recruits and

    transferees.

    24. The Division Bench of this Court in W.P. Nos. 6627 to 6633 of 2005,

    by order dated 29.06.2009, while dealing with Explanation 1(a) to Rule 2 of the

    Special Rules for the Tamil Nadu Labour Service and Rule 6 of the General

    Rules for the Tamil Nadu State and Subordinate Services, held that the General

    Rules have not expressly repealed the Special Rules. Since the necessary

    conditions for the Special Rules yielding to the General Rules were not

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    satisfied, and in view of the non-obstante clause contained in Explanation 1(a)

    to Rule 2 of the Special Rules for the Tamil Nadu Labour Service, the Special

    Rules would prevail over the General Rules. The Division Bench further held

    that so long as the rule remains in force, the respondents are bound to

    implement the same. Therefore, without challenging the validity of Explanation

    1(a) to Rule 2 of the Special Rules for the Tamil Nadu Labour Service, the

    petitioner Association cannot assail the correctness of the estimation of

    vacancies, including temporary vacancies, made in accordance with the said

    rule.

    25. The Division Bench of this Court in W.A. Nos. 811 and 812 of 2011

    and connected writ appeals, by order dated 17.04.2018, held that the inter se

    seniority between direct recruits and promotees must be determined on a year-

    to-year basis, by applying the ratio prescribed under the relevant Government

    Order. The Division Bench further held that such seniority has to be determined

    with reference to the dates on which the respective quota for each category

    became available in a particular year. It was further observed that whenever

    direct recruitment is made, the direct recruits would be entitled to placement of

    their seniority against the vacancies reserved for them under the prescribed

    ratio. Similarly, where promotees are promoted in excess of their quota, they

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    cannot be granted seniority from the date of such promotion, but can claim

    seniority only from the dates on which vacancies within their quota became

    available.

    26. The Coordinate Bench of this Court in W.P. Nos. 15683 and 15684 of

    2011, by order dated 03.08.2018, held that as per Rule 8 of the Special Rules,

    the ratio prescribed for direct recruitment, transfer, and promotion is 1:1:5. This

    means that whenever the first vacancy arises, it must be earmarked for direct

    recruitment, and once the vacancy is earmarked for direct recruitment, the

    consequential benefit of seniority must also be assigned accordingly. However,

    the official respondents, while granting retrospective regularisation to the

    promotee Assistant Section Officers, permitted encroachment by promotee

    officers into the quota meant for direct recruits, thereby defeating the right of

    the petitioners to have their seniority fixed on the basis of their substantive

    appointment. The Court further observed that the crucial question is whether a

    substantive appointee has a better right than a temporary appointee, and the

    inevitable conclusion would be that a substantive appointee has a superior right.

    Accordingly, service benefits, including seniority, must be determined on that

    basis.

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    27. In W.P. No. 15683 of 2011, the Coordinate Bench of this Court, by

    order dated 03.08.2018, further held that Section 40(2) of the Tamil Nadu

    Government Servants’ Conditions of Service Act, 2016 has only a general

    application and cannot be invoked in cases where the quota–rota system is

    mandatory under the Special Rules.

    28. In Union of India and Others v. S.D. Gupta and Others [(1996) 8

    SCC 14], the Hon’ble Supreme Court held that the object of direct recruitment

    is to blend talent with experience so as to enhance efficiency. Direct recruits

    may initially be appointed on a temporary basis; however, upon completion of

    the period of probation, they become substantive appointees. The quota of 60%

    reserved for direct recruits applies to substantive vacancies and, therefore, the

    fact that their initial appointment is temporary does not affect their entitlement

    to be treated as substantive appointees upon successful completion of probation.

    29. In All India Federation of Central Excise v. Union of India and

    Others [(1999) 3 SCC 384], the Hon’ble Supreme Court held that the

    Government had deviated from the prescribed ratio while making ad hoc

    promotions on the ground that one particular cadre had already been over-

    represented. Therefore, additional promotions were made in another category to

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    correct the imbalance. Such action was held not to be unfair.

    30. In Suraj Prakash Gupta and Others v. State of Jammu and Kashmir

    and Others [(2000) 7 SCC 561], the Hon’ble Supreme Court held that

    promotees occupying posts meant for direct recruitment in excess of their quota

    must be pushed down and adjusted against subsequent vacancies within their

    quota after due regularisation. Service rendered outside the promotee quota

    cannot be counted for the purpose of seniority.

    31. In Uttaranchal Forest Rangers’ Association v. State of Uttar

    Pradesh and Others [(2006) 10 SCC 346], the Hon’ble Supreme Court held

    that promotion becomes regular only from the date on which a vacancy within

    the quota becomes available and that seniority must be counted from that date

    and not from the date of earlier promotion or subsequent confirmation. The

    Court further observed that although pushing down promotees appointed in

    excess of the quota may cause hardship, such consequence is unavoidable since

    the quota rule is statutory in nature and must be strictly followed. Any deviation

    from the statutory quota rule would violate Articles 14 and 16(1) of the

    Constitution of India.

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    32. In Arvinder Singh Bains v. State of Punjab and Others [(2006) 6

    SCC 673], the Hon’ble Supreme Court held that injustice to direct recruits

    cannot be compounded by placing the promotees en bloc above the direct

    recruits in the matter of seniority, particularly when both categories were

    selected pursuant to the same requisition sent by the Government to the Public

    Service Commission.

    33. In AFHQ/ISOs SOs (DP) Association and Others v. Union of India

    and Others [(2008) 3 SCC 331], the Hon’ble Supreme Court held that

    promotees who are promoted within their quota under the relevant rules would

    be entitled to the benefit of continuous officiation from the date of their

    substantive appointment to the grade on the availability of a substantive post.

    However, those appointed only on a temporary basis would not be entitled to

    such benefit and would be liable to be reverted upon the joining of candidates

    selected through the UPSC. Such temporary appointees may avoid actual

    reversion if vacancies in their quota become available in the subsequent year

    and they secure substantive appointment on the basis of their seniority.

    34. In R.K. Mobisana Singh v. Kh. Temba Singh and Others [(2008) 1

    SCC 747], the Hon’ble Supreme Court held that although seniority is not a

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    fundamental right, it is a civil right. Retrospective regularisation of ad hoc

    promotees, which adversely affects the relative seniority of direct recruits, has

    been deprecated, particularly when no opportunity of representation has been

    given to the persons adversely affected.

    35.. In Bhupendra Nath Hazarika and Another v. State of Assam and

    Others [(2013) 2 SCC 516], the Hon’ble Supreme Court, referring to its earlier

    decision in D. Ganesh Rao Patnaik v. State of Jharkhand, held that promotions

    granted to promotees not in accordance with the quota rule cannot be justified

    by contending that the quota rule had broken down. The Court held that

    promotions made beyond the prescribed quota cannot be treated as valid so as to

    grant the promotees seniority over the direct recruits. Consequently, the Court

    held that the promotees were not entitled to claim seniority over the direct

    recruits.

    36. The learned Additional Advocate General appearing for the State

    submitted that the vacancies were filled by taking into account the “men in

    position” in both the categories, namely direct recruits and recruitment by

    transfer, and therefore there was no excess appointment by way of recruitment

    by transfer. The Division Bench of this Court in W.P.No. 7045 of 2006 dated

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    29.07.2009 observed that the Hon’ble Supreme Court had rejected the

    contention of the writ petitioner that the vacancy arising due to retirement of

    promotee officer belonging to a particular feeder cadre must be filled up by that

    category only. The Division Bench held that the department ought to have

    followed the vacancy based roaster in accordance with the ratio instead of post

    based roaster, therefore the contention of the learned Additional Advocate

    General is misplaced and contrary to Explanation to Rule 2 of Special Rules.

    37. The Supreme Court in Direct Recruit Class II Engineering

    Officers’ Association held that seniority normally starts from the date of

    appointment made according to the rules, not from the date of confirmation. If

    the appointment is only ad hoc or as a stop-gap arrangement, that period will

    not count for seniority. However, if a person continues in service and is later

    regularised according to the rules, the earlier service may be counted. Where

    recruitment is made from more than one source, the prescribed quota between

    sources must be followed. If the quota rule cannot be followed for many years,

    it may be treated as having broken down, and appointments made after

    following the rules should not be pushed below persons appointed later. If the

    rules allow relaxation of quota, such relaxation may be presumed when

    deviations occur. The Court also observed that quota may be fixed through

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    executive instructions if rules are silent, and if such instructions are not

    followed for long, they may cease to operate. Finally, the Court emphasised that

    settled service positions should not be disturbed and that matters already

    decided by a competent court are barred by res judicata.

    38. In Jagdish Ch. Patnaik, the Hon’ble Supreme Court held that merely

    prescribing a quota for recruitment from different sources does not

    automatically imply that the same quota would govern the determination of

    seniority. The Court observed that the quota fixed for recruitment and the

    principles governing seniority operate in different fields. Only in cases where

    promotees are appointed in excess of the quota prescribed for them under the

    rules can such appointments be treated as contrary to the governing rules and,

    consequently, liable to be disregarded while determining seniority.

    39. In B.S. Mathur, which dealt with Rule 8 of the Delhi Judicial Service

    Rules, the Hon’ble Supreme Court considered the application of the rota–quota

    principle in determining inter se seniority between direct recruits and

    promotees. The Court observed that strict application of the rota–quota principle

    may, in certain circumstances, result in serious injustice, particularly where

    direct recruits enter service much later but are nevertheless placed above

    promotees who had been working in the cadre for several years. In such

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    situations, where the rota–quota system has effectively broken down, the Court

    held that it would neither be fair nor equitable to grant seniority to later

    appointees over those who had already been appointed and were discharging

    duties in the cadre.

    40. However, the decision in B S Mathur is clearly distinguishable from

    the facts of the present case. In the cases referred to above, the delay in filling

    the posts through direct recruitment was due to administrative reasons or the

    non-availability of suitable candidates, and the promotees had not encroached

    upon the vacancies earmarked for direct recruits. The promotions were made to

    meet administrative exigencies and not by occupying posts reserved for direct

    recruitment.

    41. In the present case, however, the factual position is entirely different.

    The private respondents, who are transferees, were appointed in excess of the

    quota prescribed for recruitment by transfer under the governing rules. Such

    appointments have resulted in encroachment upon the vacancies earmarked for

    direct recruits. Therefore, the principles laid down in the case of BS. Mathur

    cannot be applied to the facts of the present case.

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    42. The rota–quota rule generally operates with reference to the cadre

    strength and is therefore usually treated as a cadre-wise quota. Under the rota–

    quota rule, a fixed percentage of posts in the cadre is reserved for each source of

    recruitment. For instance, where the rule prescribes 50% for direct recruits and

    50% for promotees, the appointments are made in a rotational order according

    to that quota. Under this system, the quota is calculated with reference to the

    total sanctioned posts in the cadre and not with reference to each individual

    vacancy. The rotation of posts is maintained within the overall cadre strength.

    43. Under the quota–rota rule, however, the quota between different

    sources of recruitment is applied to each vacancy as and when it arises, and the

    rotational order determines the sequence in which such vacancies are to be

    filled. Thus, the quota is implemented on a vacancy-wise basis through rotation.

    In the present case, the Explanation to Rule 2 of the Special Rules provides for

    the quota–rota system. This means that when appointments are to be made from

    two sources, namely direct recruitment and recruitment by transfer, the first

    vacancy in the cadre of Assistant Commissioner of Labour shall be filled by

    direct recruitment and the next two vacancies shall be filled by recruitment by

    transfer, and the rotation shall continue in the same sequence.

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    44. In the present case, there were certain years during which no

    appointments were made through direct recruitment, and the vacancies

    earmarked for direct recruits were instead filled by way of promotion by

    transfer, without carrying forward the backlog meant for direct recruitment.

    Consequently, the private respondents were promoted to the vacancies meant

    for direct recruits, thereby encroaching upon the quota reserved for direct

    recruits. Therefore, their appointments to the post of Assistant Commissioner of

    Labour cannot be treated as appointments to substantive vacancies within their

    quota. Such appointments are contrary to the governing rules and are therefore

    illegal and irregular. Consequently, the private respondents cannot claim

    seniority over the direct recruits, merely on the ground that they were appointed

    earlier in time.

    45. The State and the transferees contend that the length of service of

    the transferees in the cadre of Assistant Commissioner is comparatively shorter

    than that of the direct recruits and, therefore, a greater number of vacancies

    arise on account of the retirement of transferees. According to them, those

    vacancies are subsequently filled by direct recruits, and therefore the direct

    recruits cannot claim any grievance in this regard.

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    46. Though the above contention may appear attractive and logical at

    first glance, the same cannot be accepted. The Explanation to Rule 2 of the

    Special Rules, which governs the manner of appointment to the cadre, has

    neither been challenged nor amended by the State. As long as the rule remains

    in force, it is binding on the authorities and must be strictly followed.

    47. It is a well-settled principle of law that when a statute prescribes

    that a thing must be done in a particular manner, it has to be done in that manner

    alone and not otherwise. Therefore, the appointments and the consequential

    fixation of seniority must necessarily be in accordance with the procedure

    prescribed under the said rule.

    CONCLUSION :

    48. In view of the foregoing discussion, this Court holds that the

    Explanation to Rule 2 of the Special Rules for the Tamil Nadu Labour Service

    contemplates implementation of the quota on a vacancy-wise basis (quota–rota)

    and not on the basis of cadre strength. The materials placed on record

    demonstrate that the vacancies earmarked for direct recruitment were filled by

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    recruitment by transfer without carrying forward the backlog, resulting in

    appointments of transferees in excess of their prescribed quota. Such

    appointments are contrary to the statutory rules and cannot confer any right of

    seniority over the direct recruits.

    49. Consequently, the transferees who were appointed against vacancies

    meant for direct recruits cannot claim seniority over the direct recruits merely

    on the ground that they entered service earlier in point of time. Their seniority

    has to be adjusted in accordance with the quota–rota principle and the governing

    Special Rules. Accordingly, the impugned seniority fixation placing the

    transferees above the direct recruits cannot be sustained.

    50. In view of the above, the Writ Petition in W.P.No. 29670 of 2015

    filed by the transferees is dismissed. The writ petitions in W.P.Nos.

    22881/2023, 1857/2020, 14887/2019, 15623/2019, 15973/2018, 16924/2019,

    26309/2018 and 26316 of 2018 filed by the Direct recruits are allowed.

    51. The official respondents are directed to rework the inter se seniority

    between the direct recruits and transferees in the cadre of Assistant

    Commissioner of Labour by applying the vacancy wise quota rota principle in

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    accordance with the Special Rules within three (3) months from the date of

    receipt of a copy of this Order. Consequently, the connected Miscellaneous

    Petitions are closed. There shall be no order as to costs.

    13.03.2026

    Index: Yes
    Internet : Yes
    Speaking Order
    Neutral Citation: Yes

    ak

    To

    1. The Secretary,
    Government of Tamilnadu,
    Labour & Employment Department,
    Secretariat, Chennai-600 009

    2. Commissioner of Labour,
    D.M.S., Mount Road,
    Teynampet, Chennai-600 018

    3. The Principal Secretary,
    Personnel and Administrative Reforms Department,
    Secretariat, Chennai-600 009

    4. The Secretary,
    Tamil Nadu Public Service Commission,
    Chennai-600 002.

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    HEMANT CHANDANGOUDAR, J.

    ak

    W.P. Nos. 29670/2015, 15623 of 2019,
    15973 of 2018, 16929 of 2019,
    14887 of 2019 and 1857 of 2020,
    22881/2023, 26309/2018 and 26316 /2018

    13.03.2026

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