Madrasdated High Court · 2025

W.P.No.2643 of 2024Municipal Corporation with all service and monetary benefits within a reasonable period as may be fixed by this Court.For Petitioner : Mr.R.Singaravelan, Senior Counsel for Mr.T.RanganathanFor 1st Respondent : Mr.Haja Nazirudeen, Additional Advocate General, assisted by Mrs.N.Devi.For Respondents 2 & 3: Mr.S.Rajesh Government AdvocateORDERThis Writ Petition is filed to quash the letter issued by the 2nd respondent in Na.Ka.No.21728/2021/MCA1 dated 16.11.2023 and the consequential Order passed by the 1st respondent in Na.Ka.No.C3/10260/2021 dated 20.01.2024 and consequently to direct the 1st respondent to restore the petitioner as Junior Engineer in Salem City Municipal Corporation with all service and monetary benefits.2. Petitioner has been working as Junior Engineer in the Salem City Municipal Corporation from 12.01.2022. He completed his B.E., degree in Civil Engineering. He has been promoted from the post of Technical Assistant to the post of Junior Engineer as per Rule 5 of the Tamil Nadu Municipal Corporation Engineering and Water Supply Subordinate Service Rules, 1996, following the ratio of 3:1 among the Technical Assistant and Junior Engineer respectively.2/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 20242.1. The Government has issued G.O. in G.O.Ms.No.79, MAWS Department dated 30.04.2001 permitting the Commissioner of Coimbatore City Municipal Corporation to consider B.E., Degree holders working in their lower categories for appointment as Assistant Engineer against the direct recruitment vacancies. The post of Assistant Engineer shall be filled up only by direct recruitment as per G.O.Ms.No.237 MAWS Department dated 26.09.1996. The Government has also issued G.O.Ms.No.416 MAWS Department dated 15.09.1999 to the Madurai City Municipal Corporation, permitting B.E., Degree holders working in the post of Technical Assistant, Skilled Assistant Grade-I or Skilled Assistant Grade-II, for the appointment as Assistant Engineer.2.2. The Coimbatore City Municipal Corporation Services (D&A) Rules, 1986 has been followed for the employees of Salem Corporation. The orders issued in G.O.Ms.No.79 MAWS Department relating to Coimbatore City Municipal Corporation has been uniformly applied by all the Corporations formed and thereafter included Tirunelvali, Trichy and Erode etc.3/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 20242.3. The petitioner has been continuously working as Technical Assistant. The post of Technical Assistant is the feeder category for the post of Junior Engineer as per Rule 4 of the Tamil Nadu Municipal Corporation Engineering and Water Supply Subordinate Service Rules, 1996. According to Rule 5 of the Tamil Nadu Municipal Corporation Engineering and Water Supply Subordinate Service Rules, 1996, there shall be ratio of 3:1 for the appointment of the post of Assistant Engineer by direct recruitment and by promotion as Junior Engineer from the post of Technical Assistant. There were 8 vacancies in Salem City Municipal Corporation as on 01.11.2021. 2.4. The petitioner was promoted as Junior Engineer, by the Commissioner of Salem City Municipal Corporation as against two vacancies earmarked for the category of Technical Assistants, out of 8 vacancies, 6 for B.E. Degree holders and 2 for Diploma holders, in accordance with the Rules. The petitioner assumed charge on 01.11.2021 and has been discharging his duties and functioning as Junior Engineer till date.2.5. The Salem Municipal Corporation has considered the case of 4/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024the Technical Assistants working in Salem City Municipal Corporation to appoint them as Assistant Engineer [6 posts] and Junior Engineer [2 posts], following the ratio of 3:1 between the Assistant Engineer and Junior Engineer respectively as prescribed in Rule 5 of the Tamil Nadu Municipal Corporation Engineering and Water Supply Subordinate Service Rules, 1996. 3. For better understanding, Rule 4 and 5 of the Tamil Nadu Municipal Corporation Engineering and Water Supply Subordinate Service Rules, 1996 are extracted hereunder:-“4. Qualification – No person shall be appointed to the categories specified in column (1) of the Table below by the method specified in column (2), unless he possesses the academic and training qualifications specified in the corresponding entries in column (3) thereof:-Name of the postMethod of appointmentQualification123 Junior EngineerBy promotioni) Must posses a Diploma in Engineering andii) Must have worked for a period not less than 5 years as Technical Assistant in the Office and in the Works.5/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024 Technical AssistantBy direct recruitmenti) Must possess a Diploma in Engineering and ii) Must have passed the Departmental Test prescribed for Corporation Services before completion of probation.By promotion i) Must possess a Diploma in Engineering; and ii) Must have worked for a period of not less than 5 years in different branches of the Engineering Department.Skilled Assistant (Grade I) By direct recruitment i) Must have passed X Standard Examination and shall possess an ITI Trade Certificate from an Institute recognised by the Government of Tamil Nadu; and(ii) Must have passed the Departmental Test prescribed for the Corporation Services before completion of probation.By promotion(i) Must have passed X Standard Examination and shall possess ITI-Trade Certificate from an Institute recognised by the Government of Tamil Nadu; and(ii) Must have worked in the post of Skilled Assistant (Grade-II) for a period of not less than 5 years.Skilled Assistant (Grade II)By direct recruitmenti) Must have passed X Standard Examination and shall possess an ITI Trade Certificate from an Institute recognised by the Government 6/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024of Tamil Nadu; and(ii) Must have passed the Departmental Test prescribed for the Corporation Service before completion of probation.By promotion(i) Must have passed X Standard Examination and shall possess an ITI Trade Certificate from an Institute recognised by the Government of Tamil Nadu;(ii) Must have passed the Departmental Test prescribed for the Corporation Service before completion of probation;and(iii) Must have worked for a period of not less than in the posts of categories to (6) of Corporation Basic Service.5. Ratio between direct recruitment and promotion – when appointment to a category of post is to be made by direct recruitment and by promotion, the appointment shall be made according to the following ratio:-Direct recruitmentPromotionCategory 2Technical Assistant12Category 3Skilled Assistant (Grade I)12Category 4Skilled Assistant (Grade II)117/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024If not qualified persons are available for appointment to a post by promotion in a particular year, such vacancies only shall be filled up by direct recruitment.”4. After two years from the promotion to the post of Junior Engineer, the 1st respondent issued the impugned Order in Na.Ka.C3/10260/2021 dated 20.01.2024, based on some instructions issued by the 2nd respondent in Na.Ka.No.21278/2021/MCA/1 dated 16.11.2023, thereby the petitioner was reverted from the post of Junior Engineer to the post of Technical Assistant which is arbitrary, unfair and unreasonable and contrary to the Tamil Nadu Municipal Corporation Engineering and Water Supply Subordinate Service Rules, 1996.5. As per Na.Ka.No.14813/2021 dated 22.11.2021, the Commissioner of Salem Corporation had issued proceedings temporarily promoting four persons.thpirgzpahsh; bgah; jpUthsh;fs;jw;nghJ gjtp cah;t[ tH';fg;gLk; gzpaplk; kw;Wk; Cjpak; tpguk;1Vk;/nkhfdRe;juk;2gp/Fknurd;3tp/tp!;tehjd;4,/bt';fnlco;jkpHehL khefuhl;rp bghwpapay; kw;Wk; FoePh; tpepnahf rhh;rpiy gzptpjpfs; 1996 ? y; tFg;g[?III. tif?IIy; tifg;gLj;jg;gl;l bjhHpy;El;g cjtpahsh; (Technical Assistant) gzpaplk; Cjpak; tpfpjk; :U;.35400-112400 Level 118/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 20246. On behalf of the 1st respondent, the details of the writ petitioner is counteracted by filing counter. The petitioner was temporarily promoted as Junior Engineer without prior approval from the Government and it is mandatory under G.O.Ms.No.416 dated 15.09.1999 and G.O.Ms.No.237 dated 26.09.1996 r/w. Tamil Nadu Municipal Corporation Engineering and Water Supply Subordinate Service Rules, 1996.7. Pending ratification by the Government, the said promotion was provisional and the promotion is not in accordance with Rules 4 and 5 of 1996 Rules, which stipulates that promotion to Junior Engineer can only be made from among Technical Assistants who have completed 5 years of service. But, the petitioner has not completed 5 years of service in the post of Technical Assistant as per Rules.8. The Government have issued clarifications directing strict compliance as to the prescribed qualifications and promotion norms through G.O.Ms.No.1523 and 45. Based on the said G.Os., several irregular promotions included that of the petitioner were withdrawn and 9/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024the petitioner was reverted to his substantive post of Skilled Assistant Gr.I as per proceedings dated 20.01.2024 in Na.Ka.No.10260/2021.The following details are deducible from the case records:(a) Date of Birth of the petitioner 01.05.1970.(b) Petitioner was employed as daily wager in the Salem Municipality and was taken as Skilled Assistant Gr.II by proceedings No.C3/26258/1999 dated 05.05.2000 on a consolidated pay scale for a period of one year.(c) As per proceedings in C3/18466/2002 dated 27.10.2003, he was appointed as Skilled Assistant Gr.II.(d) On 18.05.2015, the petitioner was promoted as Skilled Assistant Gr.I.(e) On 09.11.2018, petitioner was appointed as Technical Assistant.(f) The petitioner completed his B.E., in Civil Engineering in the year 2008.9. On 22.11.2021, as per Na.Ka.No.C3/10260/2021 of the proceedings of the Salem Municipal Corporation, the petitioner was promoted to the post of Technical Assistant. As per 10/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024Na.Ka.C3/010260/2021, dated 01.11.2021, the Salem Municipal Commissioner passed a proceedings promoting the petitioner temporarily as Junior Engineer/Assistant Engineer.10. As per Na.Ka.No.21728/2021/MCA1 dated 16.11.2023, the Commissioner of Municipal Administration, sent a letter directing the Commissioner, Salem Municipal Corporation to initiate disciplinary proceedings against the officers connected to the granting of promotion to P.Udayakumar and 8 other Technical Assistants.11. Pursuant to the said letter, the Commissioner of Salem Corporation on 20.01.2024, passed an order in Na.Ka.C3/10264/2021 cancelling the promotions order issued to P.Udayakumar and 9 others (inclusive of petitioner M.Mohana Sundaram).12. On perusal of the order passed by the Commissioner of Salem Municipal Corporation dated 01.11.2021, in Na.Ka.C3/010260/2021, the petitioner M.Mohana Sundaram is temporarily promoted to the post of Junior Engineer from the post of Technical Assistant. 13. The 1st impugned proceeding dated 16.11.2023 has been issued by the Director of Municipal Administration. No Show Cause Notice appeared to have been issued to the connected Officers.14. A perusal of the impugned proceedings in 11/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024Na.Ka.No.C3/10260/2021 dated 20.01.2024, passed by the Commissioner of Salem Corporation, it has been passed without hearing the petitioner. 15. Based on the aforestated discussions, this writ petition stands disposed of and (i) The 1st respondent shall issue Proceedings afresh after issuing Show Cause Notice to the petitioners and thereafter pass suitable orders. (ii) The said exercise shall be completed preferably within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 26.09.2025Index : Yes / NoNeutral Citation Case : Yes / NoSpeakingOrder / Non-Speaking OrderssnTo12/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 20241. The Commissioner, Salem City Municipal Corporation Salem – 636 001.2. The Director of Municipal Administration No.75, Santhome High Road, M.R.C Nagar, Raja Annamalaipuram, Chennai – 600 028.3. The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai – 600 009.13/14 https://www.mhc.tn.gov.in/judis W.P.No.2643 of 2024R.KALAIMATHI, J.,ssnW.P.No.2643 of 2024andW.M.P.Nos. 2903, 2904 and 2905 of 202426.09.202514/14