உச்ச நீதிமன்ற உத்தரவின் அடிப்படையில், அனைத்து துறைகளிலும் தர என் அடிப்படையில் பதவி உயர்வுக்கான தேர்ந்தோர் பட்டியலை தயாரிப்பது குறித்து, அனைத்து துறை செயலாளர்களுக்கும் மனித வள மேம்பாட்டு துறை செயலர் கடிதம் - Dated: 31.08.2023

Letter from Secretary Human Resource Development to all Department Secretaries regarding preparation of merit list for promotion in all departments based on Supreme Court order - Dated: 31.08.2023 - உச்ச நீதிமன்ற உத்தரவின் அடிப்படையில், அனைத்து துறைகளிலும் தர என் அடிப்படையில் பதவி உயர்வுக்கான தேர்ந்தோர் பட்டியலை தயாரிப்பது குறித்து, அனைத்து துறை செயலாளர்களுக்கும் மனித வள மேம்பாட்டு துறை செயலர் கடிதம் Dated: 31.08.2023 Public Services Human Resources Management Department Implementation of Supreme Court of India order, dated 18.04.2023 in C.P.(C) Diary No.6415 of 2021 and other batch cases on seniority based on merit Instructions for redrawal of panel at first level promotion - Issued. Ref. 1. The Hon'ble Supreme Court of India, order dated 18.04.2023 in C.P.(C) Diary No.6415 of 2021 and other batch cases. 2. Government Letter No.2730/S-Spl./2023-39, Human Resources Management Department, dated 06.07.2023. 3. The Hon'ble Supreme Court of India Order, dated 18.07.2023 in C.P.(C) Diary No.6415 of 2021 and other batch cases. I am directed to inform that based on the Orders of the Supreme Court of India in the reference first cited, seniority at the entry level posts was revised and compliance affidavit was also filed in that regard. 2. In continuation of the above, as per the proposed time line filed before the Hon'ble Supreme Court, the seniority / panels of the first level promotions is being revised. While taking up this exercise, the following points have to be considered: L The estimate of vacancy already arrived at in the particular year shall be maintained while redrawing the panel ii. The suitability of the candidates as on the crucial date of the panel year has to be assessed as per Section 7, Schedule XI Part A of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 i.e., pendency of charges, currency of punishments, etc., with reference to the crucial date. While carrying out this exercise, if any of the above impediments as to the suitability of the candidate is found to exist arising after the crucial date, such impediments need not be considered, as a bar while revising the panel. Example: The panel for the post of Assistant Section Officer for the year 2006-2007 has to be redrawn. The crucial date of the panel was 01.08.2006. Due to revised seniority at the entry level, the name of XX has to be considered for inclusion in the above panel. Then the suitability of XX on 01.08.2006 has to be assessed as per Section 7, Schedule XI Part A of the Tamil Nadu Government Servants (Condition of Service) Act, 2016. Suppose if 17(b) charge or he had undergone punishment of stoppage of increment etc., on 01.08.2006, his name need not be included in the panel for the year 2006-2007. In the above example, if 17(b) charge is pending against XX or he is undergoing the punishment of stoppage of increment, etc., as on the date of re-drawal of the panel, that need not be held against him for inclusion in the panel for the year 2006-2007. iii. The re-drawal of panel must be carried out chronologically from the earliest year onwards, starting from 10.03.2003. In other words, the earliest list received from the Commission should be taken up for re-drawal of panel first. All lists received from the Commission should not be taken up simultaneously. iv. (a) If there are more than one feeder category posts to the first level promotional post, then re-drawal of panel for the first level promotional post should be done only after revision of seniority of all feeder category posts at their entry level. (b) If records are not available, the available seniority of feeder category may be retained. However, all draft panels that are re- drawn shall be displayed in the Notice Board of the office concerned inviting claims and objections. (c) In the case of any of the feeder category post, if the recruitment was notified before 10.03.2003 (the cut-off date), the inter-se- seniority of that feeder category post need not be revised at the entry level. v. While redrawing the panel for the first level promotional post, if reversion is warranted for any candidate due to want of vacancy, such candidate may be reverted to the lower post. Such candidate in the new / reverted post shall be eligible only for pay meant for the said post. Claims of disparity in pay due to a junior drawing more pay arising out of such revisions, if any, shall not be entertained 3 Subject to the outcome of Special Leave Petition and the petitions pending before the Hon'ble Supreme Court of India, I am therefore to request you to take necessary action to revise the seniority / re-drawal of the panel in the Secretariat Departments / Head of Departments under your control as above and send the report to this department, early