The Hindu : Tamil Nadu News : High Court backs recruitment on basis of State-wide seniority

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Wednesday, Jul 23, 2008
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Tamil Nadu

Tamil Nadu

High Court backs recruitment on basis of State-wide seniority

Staff Reporter

MADURAI: The long-standing practice of filling vacancies in most State government establishments on the basis of district-wise, not State-wide seniority in employment exchanges, is being changed of late, thanks to recent judgments by the Madras High Court.

The first case that led to the transformation was a writ petition filed by the Unemployed Secondary Grade Teachers’ Association in the High Court Bench here last year.

Admitting the petitions, Justice N. Paul Vasanthakumar on December 14 stayed a Government Order to appoint 7,223 school teachers on the basis of district-wise seniority.

The judge said that district-wise seniority led to disparities among the candidates. He pointed out that in some districts, candidates who had registered with the employment exchange in 2006 were called for the interview, whereas, in others, those who had registered in 1987 were not considered.

However, another judge on February 4 dismissed the writ petition holding that the G.O. was in total conformity with the Special Rules for the Tamil Nadu Elementary Education Subordinate Service.

He said that it would not possible to quash the G.O. unless the Rules were challenged and held to be ultra vires.

The matter was taken on appeal before a Division Bench of Justice Prafulla Kumar Misra and Justice P. Murgesen, who agreed with the earlier view taken by Mr. Justice Paul Vasanthakumar. The Bench on May 14 held that not following State-wide seniority in public employment was unconstitutional.

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