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Supreme Court of India 2022-03-10 dismissed

M. KENDRA DEVI vs THE GOVERNMENT OF TAMIL NADU AND OTHERS

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

Direct recruit Assistant Engineers challenged the seniority list assigning higher ranks to compassionate appointees, arguing it violated constitutional equality and service rules. The Supreme Court held that while compassionate appointments to Class II posts were indeed in violation of its prior Nagpal judgment restricting such appointments to Classes III–IV, the seniority assigned under the applicable rule (Rule 35(aa) was legally correct based on regularization dates. The Court declined to disturb the seniority list because compassionate appointees had served for over two decades and were not at fault; the fault lay with the State. The appeals were dismissed with strong disapproval of the State's non-compliance with binding judicial precedent.

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Constitutional Law Service Law Seniority Compassionate Appointments Public Employment Equal Protection

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