HC slams State for failing to adhere to order on promotions

Such moves go against the fundamental tenets of rule of law and cannot be countenanced in any orderly society, the first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu said. “It will not do for the State to repeatedly act contrary to an order which has not been stayed.” 

The comments came following submission by a batch of PWD engineers that the government continued to treat roster positions as seniority list and conferred promotions by resorting to Section 47 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, to override the judicial orders. 

Citing its July 20 order that said roster positions have no connection to determining the seniority as per merit, the bench said Section 47 cannot be repeatedly used to perpetuate the illegality prohibited by the judicial pronouncement. 

If the government perceived the provision to be an escape route to not comply with judicial orders, it has to be told otherwise, the bench said. The hierarchical system demanded that the order should be set aside or stayed by an appropriate forum if it is not to be implemented, it added. 

“If there is any dictum of this court contained in any order which is more than a year old and there is no stay in operation, no further resort to Section 47 of the Act of 2016 may be taken by the State in contravention of such dictum. This will come into effect immediately.” 

Adjourning the plea to September 1 and directing the government to file a status report, the bench clarified that the government may still try and pursue its remedies in accordance with law.