Authority: High Court of Judicature at Madras

Order Date: 18-09-2026

Case Overview

  • Petitioner: V. Jayakumar filed WP No. 33539 of 2022 (and WMP Nos. 32995, 32997) under Article 226 seeking a writ of certiorari and mandamus to quash TNPCB orders (TNPCB/Per./P1/14698/2022 dated 28‑10‑2022 and 01‑12‑2022) and to place his name in the promotion panel for Environmental Engineer (2022‑2023) below S. Ravichandran and above the second respondent.
  • Respondents: Tamil Nadu Pollution Control Board (represented by Chairperson), and individuals C. Vanaja, S. Sivaranjini, V. Tamiloli, C. Tholkappiyan, P.S. Sampathkumar, A. Nithyalakshmi, K. Sumithrbai, P. Suganthi Rani.
  • Background: Petitioner recruited as Assistant Engineer in 2010, appointed on 20‑02‑2012, regularized 15‑02‑2014 with seniority below S. Ravichandran and above C. Vanaja. Promotion to Assistant Environmental Engineer was delayed due to lack of Master’s degree; obtained degree on 03‑03‑2020 and promoted thereafter. Claims seniority should be restored per Regulation 20 and Regulation 10(3) of TNPCB Revised Service Regulations, 2010.
  • Respondents argued petitioner was ineligible for promotion panels 2017‑18, 2018‑19, 2019‑20; only eligible for 2020‑21 after degree, and private respondents had already been promoted earlier, so seniority cannot be altered.

Court Reasoning

  • Regulation 20 states seniority is determined by rank in the approved list of candidates at the time of appointment; inter‑seniority is not affected by date of joining.
  • Regulation 10(3) requires appointments from the approved list strictly in order of seniority.
  • Regulation 26(2) mandates that no appointment or promotion shall be made unless the person possesses the prescribed qualifications.
  • The Court observed that while petitioner’s original seniority as Assistant Engineer placed him above private respondents, seniority for promotion to Environmental Engineer is fixed by the rank in the promotion list, where private respondents were placed above him.
  • Since petitioner acquired the required Master’s degree only for the 2020‑21 panel and the private respondents had already been appointed to the promotional post earlier, the seniority order cannot be altered.

Final Outcome

  • The writ petition is dismissed; no costs awarded.
  • Connected miscellaneous petitions are closed.

Topics: Promotion Seniority, Administrative Law