The Hon,ble First Bench upon hearing arguments of M.Ravi learned Counsel for Writ Appellants& V.Prakash Senior Counsel for respondent Writ petitioners& AAG Aravind Pandian for State Government was pleased to allow the Writ appeal & set aside the judgement of learned single Judge with directions to the Government to revisit all the seniority lists of the commercial taxes department in accordance with the relevant rules& the four principles settled by the Division Bench in judgement dated 28.7.2016 & also by not taking services rendered in temporary vacancies for seniority..

[11/5, 14:52] Sekarreporter 1: The Hon,ble First Bench upon hearing arguments of M.Ravi learned Counsel for Writ Appellants& V.Prakash Senior Counsel for respondent Writ petitioners& AAG Aravind Pandian for State Government was pleased to allow the Writ appeal & set aside the judgement of learned single Judge with directions to the Government to revisit all the seniority lists of the commercial taxes department in accordance with the relevant rules& the four principles settled by the Division Bench in judgement dated 28.7.2016 & also by not taking services rendered in temporary vacancies for seniority..
[11/5, 14:52] Sekarreporter 1: W.A.Nos.626 to 628 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 07.10.2020
Delivered on : 05.11.2020
C O R A M
The Hon’ble Mr. A.P.SAHI, THE CHIEF JUSTICE
and
The Hon’ble Mr. Justice SENTHILKUMAR RAMAMOORTHY
W.A.Nos.626, 627 and 628 of 2020
and
C.M.P.Nos.8726 to 8729 and 11258 of 2020
K.Latha
Joint Commissioner(CT),
Chennai (North) Division,
No.32, Elephant Gate Bridge Road,
Chennai – 3. … Appellant
(in W.A.No.626 of 2020)
M.Ravi
Joint Commissioner (Appeals)
PAPJM – Annex Buildings,
No.1, Greams Road,
Chennai – 6. … Appellant
(in W.A.No.627 of 2020)
A.N.Veeresalingam
Deputy Commissioner (CT),
Inspection – II, PAPJM Buildings,
No.1, Greams Road,
Chennai – 6. … Appellant
(in W.A.No.628 of 2020)
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For Appellant : Mr.M.Ravi
(in all writ appeals)
For Respondents : Mr.V.Prakash, senior counsel
for Mr.K.Krishnamoorthy
(for R-1 in all writ appeals)
Mr.P.H.Aravindh Pandian, AAG
Assisted by Mr.Mohd. Shaffiq
Spl. GP C.T. Cases
(for R2 to R5 in all writ appeals)
Mr.S.Sivakumar
for impleading party.

C O M M O N J U D G M E N T
SENTHILKUMAR RAMAMOORTHY J.,
These Writ Appeals are directed against the common order dated
27.02.2020 in W.P. Nos.9257, 9258 and 9326 of 2018. In W.P. Nos.9257,
9258 and 9326 of 2018, the private Respondent, in each writ appeal, prayed
for a writ of mandamus to prevent the official Respondents herein from
lowering their seniority and the said writ petitions were allowed. The
Appellants were directly recruited as Group-I Commercial Tax Officers
(CTO) [now re-designated as Assistant Commissioner(AC)], which is the
promotion level post in the Subordinate Services of the Commercial Taxes
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be done in accordance with the four principles and applicable rules, it
certainly cannot be done as regards temporary posts. Subject to the above
caveat, in our view, the writ petitions giving rise to the writ appeal were
premature and should have been rejected for that reason. Instead, the
learned single Judge interfered with the preparation of the provisional
seniority list in spite of being conscious of the fact that the writ petitions
should not be entertained on the basis of apprehensions. Therefore, we
conclude that the directions in paragraph 38 of the judgment of the learned
single Judge cannot be sustained. Consequently, the order of the learned
single Judge is set aside. It is open to the State Government to prepare the
provisional seniority lists by reckoning only permanent posts in accordance
with applicable general and special rules and the four principles adopted by
the Division Bench of this Court and affirmed by the Hon’ble Supreme
Court in its order dated 10.02.1999 in C.A. No.1454 of 1987. Once the
provisional seniority lists are prepared and published, it will be open to the
private parties herein to object to and challenge the same, if they are
aggrieved in any manner.
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21. In the result, the writ appeals are allowed subject to the
observations made herein. No costs. Consequently, connected
miscellaneous petitions are closed.
(A.P.S.,CJ,) (S.K.R.,J,)
05.11.2020
Index :Yes
Internet :Yes
rrg
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