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Labour & Industrial LawSupreme Court of India

M. Thanigivelu and Ors. v. Tamil Nadu Electricity Board and Ors.

Civil Appeal · 2026 INSC 229Decided 11 Mar 2026
C.A. No.-000862-000862 - 2026 (with connected C.A. Nos. 863-864, 865, 866-872 of 2026)
Justice Rajesh Bindal · Justice Vijay Bishnoi

Background

The Tamil Nadu Electricity Board recruited Assistant Engineers (Electrical) both directly (in December 2000 and March 2001) and through internal promotion of existing staff (in May 2002). A dispute arose over whether the seniority of the direct recruits should count from their initial joining date (which included a training/probation period) or only from a later date once their training formalities were completed: internal selectees argued the latter, which would push the direct recruits below them in seniority. The Madras High Court's Division Bench had ruled in favour of the internal selectees, holding that direct recruits' seniority should effectively be reckoned only from 2002. Both the Electricity Board and the direct recruits appealed to the Supreme Court.

Decision Breakdown

The Supreme Court allowed the appeals and set aside the High Court's judgment. Interpreting the Tamil Nadu Electricity Board Service Regulations (particularly the definitions of "duty" and "appointment" in Regulations 10(9) and 87), the Court held that a candidate is considered "on duty" and "appointed" from the very day they join and begin training or probation, not from when training concludes. Since the direct recruits joined and began their probation/training in December 2000 and March 2001, their seniority had to be counted from those dates, well ahead of the internal selectees who joined only in May 2002. The Court held the High Court had misapplied a later board proceeding (reducing training duration) to retroactively alter seniority computation, which the regulations did not support.

Lesson Learnt

In government service, seniority ordinarily runs from the date an employee first reports for duty and commences training/probation, not from the date training formally ends, unless the specific service rules say otherwise. Internal administrative circulars cannot override the plain language of statutory service regulations.

M. Thanigivelu and Ors. v. Tamil Nadu Electricity Board and Ors. – Legal Case Shots | LegalAware