Madras HC Says Commercial Inspectors Must Await Final Seniority List, Sets Aside Promotion Suitability-Report Request Based On Draft

The petitioners, who had opted for the Commercial Assistant stream, challenged a proposed seniority list of Commercial Inspectors dated 10 December 2010, which placed respondents 4–27 above them, and a consequential communication dated 18 December 2010 seeking suitability reports for promotion to Foreman Grade I.

They sought to quash both communications and obtain promotion in accordance with an earlier order in W.P. No. 17026 of 2006.

The Court found that the seniority list was a draft circulated to check details before finalisation.

A draft seniority list, circulated to verify particulars before publication of the final list, does not ordinarily give rise to a cause of action for challenge; an affected employee may challenge the final list once issued.

The Court also held that the communication dated 18 December 2010 was unlawful in the circumstances because it sought suitability reports for promotion by reference to the draft list, without referring to any seniority list issued subsequently.

The judgment identifies no statutory provision or precedent as the basis for these conclusions.

The Court treated the 10 December 2010 list as provisional: its purpose was to enable verification of names, dates of joining, dates of birth, and other particulars before finalisation.

The petitioners therefore had no present cause of action to challenge that list and could do so if a final list were later issued.

However, the 18 December communication sought suitability reports for preparing a promotion list on the basis of the draft seniority list.

The Court found that communication unlawful and set it aside.

The petitioners were left at liberty to challenge any final seniority list subsequently issued.

The writ petition was formally dismissed, the connected miscellaneous petitions were closed, and no costs were ordered.