01Facts
The petitioners sought seniority as Assistant Engineers (Electrical) in the 2005 panel, including placement alongside internal selectees appointed against vacancies arising that year. The petitions initially sought consideration of a representation dated 15 May 2013; their prayers were later amended to challenge TANGEDCO’s Memo No. 036361/445/G18/G181/2013-5, dated 21 November 2015, which issued a seniority list.
p. 19The Court observed that the memo described the list as tentative, made it subject to pending writ proceedings, and invited objections from aggrieved persons within three months. The petitioners had not submitted objections before approaching the Court.
p. 2102Issues
i.Whether the petitioners could challenge the 21 November 2015 seniority list when it was expressly tentative.
p. 21ii.Whether the petitioners were entitled to seek judicial directions fixing their seniority in the 2005 panel without first submitting objections through the process provided by TANGEDCO.
p. 19, 2103Law Applied
The Court applied the principle that a tentative seniority list, which invites objections and remains subject to further consideration, is not fit to be challenged as though it were a final determination.
p. 21Aggrieved persons should submit objections within the stipulated period before seeking judicial intervention. The judgment cites no statute, regulation, or precedent.
p. 2104Reasoning
The Court treated the challenged memo as provisional because it expressly identified the seniority list as tentative and invited objections within three months. Since the petitioners had not used that opportunity and had approached the Court directly, the Court held that the tentative list could not then be challenged.
p. 21The judgment does not separately determine the petitioners’ substantive claims to seniority in the 2005 panel.
05Holding
The Court dismissed the writ petitions, stating that the tentative seniority list could not be challenged in the circumstances, and made no order as to costs.
p. 21The connected W.M.P. was closed.
p. 21Original Court PDF
R.BALAMURUGANvsTHE CHAIRMAN CUM MANAGING
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