Supreme Court Holds Tamil Nadu Officials in Contempt Over Seniority List Dispute

The Supreme Court of India, in the case of V. Senthur and Another v. M. Vijayakumar, IAS, Secretary, Tamil Nadu Public Service Commission and Another, addressed a significant issue concerning non-compliance with a court order regarding the fixation of seniority in the Tamil Nadu Public Service Commission (TNPSC). The case, registered as Contempt Petition (Civil) No. 638 of 2017, was filed by petitioners who alleged that the Tamil Nadu government officials had willfully disobeyed the Supreme Court’s order regarding the preparation of the seniority list of selectees from a recruitment process conducted in 1999. The Supreme Court, in its judgment dated October 1, 2021, delivered by B.R. Gavai, held several government officials guilty of contempt.

Background of the Case

The dispute arose from a recruitment process initiated by the TNPSC through a notification dated September 10, 1999. Candidates were selected and appointed in the Public Works Department and Highways Department of the State of Tamil Nadu in 2000. However, the seniority list for the selectees was published only on April 29, 2004, leading to widespread grievances among candidates.

A candidate, R. Balakrishnan, filed a representation claiming that, despite being more meritorious, he was placed lower in the seniority list compared to candidates from the Backward Classes category who were allotted reserved vacancies. TNPSC rejected his representation on December 20, 2004, stating that the roster point system determined seniority.

Read also: https://judgmentlibrary.com/teacher-salary-dispute-supreme-court-upholds-6th-pay-commission-arrears-in-keraleeya-samajam-v-pratibha-dattatray-kulkarni/

Legal Battle Leading to Contempt Petition

• Several affected candidates filed writ petitions before the Madras High Court, challenging the seniority list.
• The Single Judge of the Madras High Court dismissed the petitions on October 18, 2012, citing delay and laches.
• The petitioners appealed to a Division Bench, which on March 31, 2015, ruled in favor of the petitioners and directed that seniority must be based on the merit list of selection and not the roster system.
• TNPSC challenged the ruling in the Supreme Court through Special Leave Petitions (SLP) Nos. 2890-2894 of 2016, which were dismissed on January 22, 2016, affirming the High Court’s ruling.

Non-Compliance and Contempt Proceedings

Despite the Supreme Court’s order, TNPSC and the Tamil Nadu government failed to implement the revised seniority list as per merit. Instead, they enacted the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which maintained the seniority list based on the roster system. This new law was challenged in the Madras High Court, which, on November 15, 2019, declared Sections 1(2), 40, and 70 of the Act unconstitutional. The Tamil Nadu government appealed against this order, but the Supreme Court dismissed their SLPs on July 6, 2020, upholding the High Court’s ruling.

As the government continued to delay compliance, the petitioners filed contempt petitions. The Supreme Court issued notices to TNPSC and Tamil Nadu government officials, directing them to comply with the ruling. However, on March 13, 2021, TNPSC published a revised seniority list that still violated the court’s directions.

Supreme Court’s Judgment

The Supreme Court found that TNPSC and the Tamil Nadu government had engaged in willful disobedience of its orders. The Court ruled that:

• The officials had deliberately ignored the judgment and attempted to circumvent it by enacting a new law that contradicted the ruling.
• The new seniority list published in 2021 was not in accordance with the Supreme Court’s order and continued to place lower-merit candidates above more meritorious ones.
• The seniority list should have been strictly based on merit determined at the time of selection, not on roster points.
• The officials responsible for the non-compliance were guilty of contempt of court.

Key Extract from the Judgment

“The respondents were bound to follow the law laid down by this Court and determine the inter-se seniority on the basis of selection by TNPSC and not on the basis of the roster point.”

Final Verdict

• The Supreme Court held multiple Tamil Nadu government officials guilty of contempt.
• The officials were ordered to revise and publish a seniority list based strictly on merit within 12 weeks.
• The matter regarding the quantum of punishment for contempt was scheduled for hearing on January 10, 2022.
• The Court ordered that the guilty officials must be personally present at the next hearing.

Impact of the Judgment

This ruling has significant implications for government recruitment and seniority determination. The judgment:

• Reaffirms that merit, not reservation-based roster points, should determine seniority in government appointments.
• Sets a strong precedent against legislative overreach intended to nullify judicial decisions.
• Strengthens the authority of the Supreme Court in ensuring compliance with its rulings.
• Provides a legal roadmap for government employees facing similar seniority disputes.

The case serves as a landmark in ensuring that judicial orders are respected and implemented without bureaucratic interference.

Petitioner Name: V. Senthur and Another.
Respondent Name: M. Vijayakumar, IAS, Secretary, Tamil Nadu Public Service Commission and Another.
Judgment By: Justice B.R. Gavai.
Place Of Incident: Tamil Nadu.
Judgment Date: 01-10-2021.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: v.-senthur-and-anoth-vs-m.-vijayakumar,-ias,-supreme-court-of-india-judgment-dated-01-10-2021.pdf