In Brief
Direct recruits appointed as Assistant Engineers in Tamil Nadu sought higher seniority over compassionate appointees. The Supreme Court held that while compassionate appointments to Class II (Group B) posts violated the binding Nagpal judgment restricting such appointments to lower categories, it would not disturb the seniority list after 20+ years of service. Seniority was properly assigned under Rule 35(aa) from the date of regularization. Though the State's conduct in ignoring the Supreme Court's directive was deprecated, the Court declined to interfere, recognizing the compassionate appointees' innocent reliance on Government Orders and long service tenure."
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