S. PANNEER SELVAM & ORS versus GOVERNMENT OF TAMIL NADU & ORS.

Citation: [2015] 11 S.C.R. 664 · Decided: 27-08-2015 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
(2015] 11S.C.R.664 
S. PANNEER SELVAM & ORS. 
v. 
GOVERNMENT OF TAMIL NADU & ORS. 
(Civil Appeal Nos. 6631-6632 of 2015 etc.) 
AUGUST 27, 2015 
[T. S. THAKUR AND R. BANUMATHI, JJ.] 
Constitution of India, 1950 -Art. 16(4A) -Applicability 
C of - To the consequential seniority in promotional position -
To the reserved category accelerated promotees promoted 
on the basis of rules of reservation - In_ absence of a specific 
provision or policy decision of the State to that effect- Held: 
In the absence of any provision or provision or policy decision 
D as regards consequential seniority, Art. 16(4A) of the 
Constitution will not be applicable automatically, whereas the 
'catch-up rule' will be applicable - The roster-point reserved 
category promotees cannot count their seniority in the 
promoted category from the date of their promotion and the 
E senior general candidates if later reach the promotional level, 
will regain their seniority -
Rule 12 of Tamil Nadu 
Engineering Service Rules (Special Rules) or Rule 35(aa) 
of Tamil Nadu State and Subordinate Service Rules (General 
Rules) are not applicable to consequential seniority - The 
F reserved category candidates in the present case had been 
temporarily promoted u/r. 39( a) and r. 10( a)(i) of the General 
rules with the condition that their inclusion in the promotional 
order was not to confer any right, in the service - state directed 
to revise the seniority list applying the catch up rule - Service 
G Law - Reservation in promotion - Tamil Nadu Engineering 
Service Rules - r. 12 - Tamil Nadu State and Subordinate 
Service Rules- rr. 35(aa), 39(a) and 10(a)(i). 
Service Law: 
H 
Promotion/Seniority - Catch-up rule - Applicability of 
664 
S. PANNEER SELVAM v. GOVERNMENT OF TAMIL 
665 
NADU 
- Discussed. 
A 
Seniority - Determination of - Held: Determination of 
seniority is a vital aspect in the service career of an employee 
and his future promotion is dependent on that - Therefore, 
such determination must be based on just and fair principles. 
8 
Allowing the appeals, the Court 
HELD: 1. Article 16(4A) of the Constitution is only 
an enabling provision which specifically provides that 
the concerned State may make any provision for c 
providing reservation of appointments or posts in favour 
of any_ backward class citizens which is not adequately 
represented in the services under the State. Articles 16(4) 
and 16(4A) have to be read with Article 335 of the 
Constitution which deal with norms of Scheduled Castes D 
and Scheduled Tribes to services and posts and lay 
down that the claims of the members of the Scheduled 
Castes and the Scheduled Tribes shall be taken into 
consideration consistently with the maintenance of 
efficiency of administration, in the making of E 
appointments to services and posts in connection with 
the affairs of the Union or of a State. [Para 24] [685-E-G] 
2. In the absence of any specific provision or policy 
decision taken by the State Government for F 
consequential seniority for reserved category 
accelerated promotees, there is no question of automatic 
application of Article 16 (4A) of the Constitution. As per 
Rule 12 of Tamil Nadu Engineering Service Special 
Rules, reserved category Assistant Engineers and the G 
reserved category Junior Engineers secured promotion 
as Assistant Divisional Engineers much earlier to the 
general category Assistant Engineers and Junior 
Engineers respectively because of their accelerated 
H 
666 
SUPREME COURT REPORTS 
[2015) 11 S.C.R. 
A promotion following rule of reservation. Rule 12 evidently 
does not provide for the consequential seniority for 
reserved category promotees at any point of time. The 
consequential seniority for such reserved category 
promotees can be fixed only ifthere is express provision 
B for such reserved category promotees in the State rules. 
[Paras 25 and 26] [686-D-H] 
3. In terms of Rule 12, reservation is followed only 
for promotion of AEs/JEs as Assistant Divisicmal 
C Engineers and Rule 12 does not protect the 
consequential seniority to ADEs who were promoted 
following the rule. The appellants belonging to the 
general category are not questioning the accelerated 
promotion granted to the Junior Engineers/Assistant 
D Engineers by following rule of reservation but are only 
seeking fair application of the 'catch up rule' in the 
fixation of seniority in the category of ADEs. [Para 27] 
[687-C-D] 
E 
4. 
In the absence of any rule conferring 
c

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