High Court · 2007

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 6-9-2007CORAMTHE HONOURABLE MR.JUSTICE M.CHOCKALINGAMW.P.No.26670 of 2007andMP Nos.1 and 2 of 2007PA.Ganeshwaran.. Petitioner vs1.The Secretary to Government Municipal Administration andWater Supply Department Fort St. George, Chennai 9.2.The Commissioner of MunicipalAdministration Chepauk, Chennai 5.3.The Commissioner Coimbatore City Municipal Corporation Coimbatore 641 001... RespondentsWrit petition filed under Article 226 of the Constitution ofIndia praying to issue a writ of mandamus directing the firstrespondent to consider the petitioner for the post of CityEngineer by promotion in the Coimbatore City MunicipalCorporation.For Petitioner: Mr.AR.L.Sundaresan Senior Counsel for Ms.A.L.GanthimathiFor Respondent: Mr.I.Paranthaman Additional GovernmentPleader for RR1 and 2 Mr.R.Sivakumar for R3ORDERInvoking the writ jurisdiction of this Court, thepetitioner, an Executive Engineer, attached to Coimbatore CityMunicipal Corporation, has brought forth this writ petition for awrit of mandamus to direct the State to consider the petitionerfor the post of the City Engineer by promotion in the CoimbatoreCity Municipal Corporation. https://hcservices.ecourts.gov.in/hcservices/

2.The Court heard the learned Senior Counsel for thepetitioner and looked into the affidavit in support of thepetition. The Court also heard the learned Counsel for therespondents and looked into the counter affidavit filed by thethird respondent.3.The petitioner has approached this Court for the issuanceof a writ of mandamus stating that he has been working asExecutive Engineer in the third respondent Coimbatore CityMunicipal Corporation, from 21.7.2006; that he has applied to thepost of the City Engineer; that it is true that he has notpossessed with the necessary qualification; but, he has appliedfor the same to the State which is the appointing authority; thatthe State has got all powers to relax the necessary qualificationfor the said appointment; that there were instances in the past,when the applications by the individuals who lacked necessaryqualification, were actually considered by the Government,relaxing the rules and making promotion to them; that thepetitioner who has actually been serving as Executive Engineer,has got sufficient experience; that he has also made anapplication to the State for promotion to the said post; that thesame is pending consideration, and under the circumstances, ithas become necessary to issue a direction to the firstrespondent.4.The learned Additional Government Pleader for the Statewould submit that the application made by the petitioner, ispending in the hands of the Government for consideration.5.The learned Counsel for the third respondent would submitthat the post of the City Engineer has become vacant pursuant tothe retirement of the person who was working then as CityEngineer, on 31.8.2007; that the said post cannot be kept vacant;that it requires early appointment, and under the circumstances,the writ petition has got to be dismissed. 6.The Court paid its anxious consideration on thesubmissions made.7.It is not in controversy that the petitioner herein isactually serving as Executive Engineer attached to the CoimbatoreCity Municipal Corporation, from 21.7.2006. As regards thequalification for promotion to the post of the City Engineer,Rule 4 of The Tamil Nadu Municipal Corporations Engineering andWater Supply Service Rules, 1996, reads as follows:"4. Qualification:- No person shall be appointed to thecategories specified in column (1) of the table below by themethod specified in column (2) unless he possesses thequalifications specified in the corresponding entries incolumn (3), thereof: https://hcservices.ecourts.gov.in/hcservices/ THE-TABLEName of the PostMethod ofQualification appointment(1)(2)(3)City EngineerBy promotion Must have worked asExecutive Engineer for a period of notless than 3 years inthe Corporation, andfor a minimum periodof one year in thepost of AssistantCommissioner (WardOffice).By deputationMust have atleast two years of servicebefore his age ofSuperannuation....."8.From the very reading of the above Rule, it would bequite clear that for the promotion to the post of City Engineer,one must have worked as Executive Engineer for a period of notless than three years in the Corporation, and also for a minimumperiod of one year in the post of Assistant Commissioner (WardOffice). True it is, the petitioner herein does not possess thequalification as one found in the Rule. But, the petitioner whois working as Executive Engineer in the very same Corporation forthe past one year, has applied to the Government on 16.7.2007 forpromotion to the post of City Engineer by relaxing the Rules.The learned Senior Counsel for the petitioner has brought to thenotice of the Court that there were instances in the past wherethe rules have been relaxed and the Executive Engineers have beenpromoted to the post of City Engineer. Now, the learnedAdditional Government Pleader would submit that the applicationmade by the petitioner, is actually pending in the hands of theGovernment for consideration. 9.The only contention put forth by the learned Counsel forthe third respondent is that the post has got to be immediatelyfilled up. Now, at this juncture, it is brought to the notice ofthe Court that it has become vacant only on 31.8.2007 i.e., a fewdays before, and if at all a person has got to be appointed,applications have got to be called for and scrutinized, or acompetent and suitable candidate from the other Corporationswithin the State of Madras has got to be transferred, and then,the appointment has to be made. Thus, it could be seen that thesaid process would take reasonable time. Under thecircumstances, this Court feels that it would be fit and properto issue a direction to the State to consider the application of https://hcservices.ecourts.gov.in/hcservices/ the petitioner, which, according to him, is given on 16.7.2007,and pending consideration in its hands, within the stipulatedtime. Accordingly, the first respondent State is directed toconsider the application of the petitioner as to whether it is afit and proper case where it could relax the rules and givepromotion to the petitioner from the post of the ExecutiveEngineer, which he is holding today, to the post of the CityEngineer, within a period of eight weeks herefrom. Taking intoconsideration the urgency of the matter, it has become necessaryfor the State to consider and pass suitable orders thereon withinthat stipulated time. 10.The learned Additional Government Pleader would submitthat the petitioner may be directed to place a copy of hisapplication for promotion which, according to him, was given on16.7.2007, along with a copy of the order of this Court.Accordingly, a direction is issued, and this writ petition isdisposed of. No costs. Consequently, connected MPs are closed.Sd/-Asst. Registrar./true copy/Sub Asst. Registrar.nsv/To:1.The Secretary to Government Municipal Administration andWater Supply Department Fort St. George, Chennai 9.2.The Commissioner of MunicipalAdministration Chepauk, Chennai 5.3.The Commissioner Coimbatore City Municipal Corporation Coimbatore 641 001.2 ccs to M/s. A.L. Gandhimathi, Advocate, Sr,. 557511 cc to M/s. R. Sivakumar, Advocate, Sr. 55838WP No.26670 of 2007AD (CO)kk 10/9