High Court · 2024

W.P. Nos.26567 & 26568 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.06.2024CORAM : THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMARW.P.Nos.26567 & 26568 of 20211.L.MuthuKumar2.M.Prabakaran3.C.Shanmugam... Petitioners in W.P.No.26567 of 2021C.Dhamodharan....Petitioner in W.P.No.26568 of 2021Vs.1.The Government of Tamil Nadu, Rep by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.2.The Director of Municipal Administration, 75, Santhome High Road, MRC Nagar, Chennai 600028.3.The Commissioner, Erode Corporation, Erode.…Respondents in both W.Ps.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021PRAYER in W.P.No.26567 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the respondents, especially the 3rd respondent pursuant to his proceedings made in Na.Ka.No.C1/4583/2020, dated 07.09.2021 and quash the same as null and void, illegal and invalid and consequently directing the 3rd respondent to promote the petitioners as 'Junior Assistants' on the light of G.O.(2P) No.92 Municipal Administration and Water Supply Department dated 28.12.2016 as per order of seniority with all other attendant benefits.PRAYER in W.P.No.26568 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the respondents, especially the 3rd respondent pursuant to his proceedings made in Na.Ka.No.C1/4583/2020, dated 07.09.2021 and quash the same as null and void, illegal and invalid and consequently directing the 3rd respondent to promote the petitioners as 'Typist' on the light of G.O.(2P) No.92 Municipal Administration and Water Supply Department dated 28.12.2016 as per order of seniority with all other attendant benefits.For Petitioners : M/s.V.ChellammalFor R1 & R2 : Ms.E.Ranganayaki Additional Government PleaderFor R3 : Mr.M.Rajamathivanan COMMON ORDERPage No.2 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021The issue that arise for consideration in both the writ petitions is one and the same and as such, both the writ petitions are heard together and are being disposed of by this common order.2.All the petitioners were appointed as Office Assistants on compassionate grounds in the 3rd respondent Corporation and their services were regularized and have been continuing in service. They made a claim for promotion to the post of Junior Assistants cum Typists and submitted the representations before the respondents. The respondents rejected the claim of the petitioners by passing the impugned orders on the ground that, in terms of Tamil Nadu Municipal Corporations General Subordinate Service Rules, 1996(in short 'Rules, 1996'), the post of Junior Assistants cum Typists can be filled up by promotion from the post in Category (1) of Group IV and Category (i) and (iii) of Group V of the said service Rules, 1996, but not from the post of Office Assistants. 3.In other words, it is the contention of the 3rd respondent that the persons holding the post of Office Assistants in the respondent Corporation Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021are not included in the feeder category to the post of Junior Assistants cum Typists, therefore, the petitioners are not entitled for the claim made by them to the post of Junior Assistants cum Typists. It is aggrieved by the said orders, the petitioners approached this Court by filing the present writ petitions.4.The learned counsel appearing for the petitioner brought to the notice of this Court the G.O.Ms.No.206, Municipal Administration and Water Supply (Ma.Na.6) Department, dated 22.10.2018, wherein the cadre strength of the 3rd respondent Corporation was fixed by duly taking into account the Rules, 1996. In terms of annexure attached to the said Government order, the post of Junior Assistants is required to be filled up with the persons holding the post of Office Assistants and Record Assistants and were appointed on compassionate grounds. 5.In other words, through G.O.Ms.No.206 dated 22.10.2018, the persons who are appointed on compassionate grounds to the post of Office Assistants and Record Assistants are directed to be considered for promotion to the post of Junior Assistants. But, though the said Government order was Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021issued as early as in the year 2008, the 3rd respondent while passing the impugned order failed to take note of the same and issued impugned order in a mechanical manner by simply referring to the Rules, 1996 which are general Rules applicable to all Municipal Corporations. 6.The Government order in G.O.Ms.No.206 dated 22.12.2018 is a specific order issued in respect of the 3rd respondent fixing the cadre strength including for the post of Junior Assistants and also providing the method of recruitment both by direct recruitment as well as promotion. Therefore, the said Government order is binding on the 3rd respondent and the 3rd respondent is under obligation to consider the claim of the petitioners for promotion to the post of Junior Assistants by duly taking note of the said Government order. But the respondent passed impugned orders without taking note of the said Government order. 7.In terms of G.O.Ms.No.206, Municipal Administration and Water Supply (Ma.Na.6) Department, dated 22.10.2018, the post of Junior Assistants is required to be filled up by promotion from the post of Office Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021Assistants or Record Assistants, who are appointed on compassionate grounds. The relevant portion providing the procedure for filling up the post of Record Assistants in terms of the G.O.Ms.206 dated 22.10.2018 is reads as under:@jw;nghJs;s gzpapl';fs; bjhlu mDkjpf;fg;gLfpwJ/ fUiz mog;gilapy; gzpapy; mku;j;jg;gl;l gjptiw vGj;ju; kw;Wk; mYtyf cjtpahsu;fis ,sepiy cjtpahsu; kw;Wk; jl;lr;ruhf gjtp cau;t[ tH';fyhk; nkYk; murhy; epu;zapf;fgl;Ls;s fhy mtfhrj;jpw;Fs; gzp tpjpfspd; go jl;lr;R nju;r;rp bgw ntz;Lk;@8.Therefore, in the considered view of this Court, the impugned orders are wholly unsustainable. Accordingly, the impugned orders in both the writ petitions are set aside and the matter is remanded back to the 3rd respondent for considering the claims of the petitioners afresh by duly taking note of G.O.Ms.No.206, Municipal Administration and Water Supply (Ma.Na.6) Department, dated 22.10.2018 and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that the claim of the petitioners shall be considered with reference Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021to the vacancy that are available as on the date of consideration of their claim on earlier occasion i.e., at the time of passing the impugned orders.9.Accordingly, the writ petitions are allowed subject to the observations made above. The connected miscellaneous petitions, if any, shall stand closed. No costs.25.06.2024(2/2)Index:Yes/NoSpeaking Order:Yes/NodpaMUMMINENI SUDHEER KUMAR,J.dpaTo:1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department,Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021 Fort St. George, Chennai-600 009.2.The Director of Municipal Administration, 75, Santhome High Road, MRC Nagar, Chennai 600028.3.The Commissioner, Erode Corporation, Erode.W.P.Nos.26567 & 26568 of 202125.06.2024(2/2)Page No.8 of 8

W.P. Nos.26567 & 26568 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.06.2024CORAM : THE HONOURABLE MR. JUSTICE MUMMINENI SUDHEER KUMARW.P.Nos.26567 & 26568 of 20211.L.MuthuKumar2.M.Prabakaran3.C.Shanmugam... Petitioners in W.P.No.26567 of 2021C.Dhamodharan....Petitioner in W.P.No.26568 of 2021Vs.1.The Government of Tamil Nadu, Rep by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai-600 009.2.The Director of Municipal Administration, 75, Santhome High Road, MRC Nagar, Chennai 600028.3.The Commissioner, Erode Corporation, Erode.…Respondents in both W.Ps.Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021PRAYER in W.P.No.26567 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the respondents, especially the 3rd respondent pursuant to his proceedings made in Na.Ka.No.C1/4583/2020, dated 07.09.2021 and quash the same as null and void, illegal and invalid and consequently directing the 3rd respondent to promote the petitioners as 'Junior Assistants' on the light of G.O.(2P) No.92 Municipal Administration and Water Supply Department dated 28.12.2016 as per order of seniority with all other attendant benefits.PRAYER in W.P.No.26568 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the respondents, especially the 3rd respondent pursuant to his proceedings made in Na.Ka.No.C1/4583/2020, dated 07.09.2021 and quash the same as null and void, illegal and invalid and consequently directing the 3rd respondent to promote the petitioners as 'Typist' on the light of G.O.(2P) No.92 Municipal Administration and Water Supply Department dated 28.12.2016 as per order of seniority with all other attendant benefits.For Petitioners : M/s.V.ChellammalFor R1 & R2 : Ms.E.Ranganayaki Additional Government PleaderFor R3 : Mr.M.Rajamathivanan COMMON ORDERPage No.2 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021The issue that arise for consideration in both the writ petitions is one and the same and as such, both the writ petitions are heard together and are being disposed of by this common order.2.All the petitioners were appointed as Office Assistants on compassionate grounds in the 3rd respondent Corporation and their services were regularized and have been continuing in service. They made a claim for promotion to the post of Junior Assistants cum Typists and submitted the representations before the respondents. The respondents rejected the claim of the petitioners by passing the impugned orders on the ground that, in terms of Tamil Nadu Municipal Corporations General Subordinate Service Rules, 1996(in short 'Rules, 1996'), the post of Junior Assistants cum Typists can be filled up by promotion from the post in Category (1) of Group IV and Category (i) and (iii) of Group V of the said service Rules, 1996, but not from the post of Office Assistants. 3.In other words, it is the contention of the 3rd respondent that the persons holding the post of Office Assistants in the respondent Corporation Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021are not included in the feeder category to the post of Junior Assistants cum Typists, therefore, the petitioners are not entitled for the claim made by them to the post of Junior Assistants cum Typists. It is aggrieved by the said orders, the petitioners approached this Court by filing the present writ petitions.4.The learned counsel appearing for the petitioner brought to the notice of this Court the G.O.Ms.No.206, Municipal Administration and Water Supply (Ma.Na.6) Department, dated 22.10.2018, wherein the cadre strength of the 3rd respondent Corporation was fixed by duly taking into account the Rules, 1996. In terms of annexure attached to the said Government order, the post of Junior Assistants is required to be filled up with the persons holding the post of Office Assistants and Record Assistants and were appointed on compassionate grounds. 5.In other words, through G.O.Ms.No.206 dated 22.10.2018, the persons who are appointed on compassionate grounds to the post of Office Assistants and Record Assistants are directed to be considered for promotion to the post of Junior Assistants. But, though the said Government order was Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021issued as early as in the year 2008, the 3rd respondent while passing the impugned order failed to take note of the same and issued impugned order in a mechanical manner by simply referring to the Rules, 1996 which are general Rules applicable to all Municipal Corporations. 6.The Government order in G.O.Ms.No.206 dated 22.12.2018 is a specific order issued in respect of the 3rd respondent fixing the cadre strength including for the post of Junior Assistants and also providing the method of recruitment both by direct recruitment as well as promotion. Therefore, the said Government order is binding on the 3rd respondent and the 3rd respondent is under obligation to consider the claim of the petitioners for promotion to the post of Junior Assistants by duly taking note of the said Government order. But the respondent passed impugned orders without taking note of the said Government order. 7.In terms of G.O.Ms.No.206, Municipal Administration and Water Supply (Ma.Na.6) Department, dated 22.10.2018, the post of Junior Assistants is required to be filled up by promotion from the post of Office Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021Assistants or Record Assistants, who are appointed on compassionate grounds. The relevant portion providing the procedure for filling up the post of Record Assistants in terms of the G.O.Ms.206 dated 22.10.2018 is reads as under:@jw;nghJs;s gzpapl';fs; bjhlu mDkjpf;fg;gLfpwJ/ fUiz mog;gilapy; gzpapy; mku;j;jg;gl;l gjptiw vGj;ju; kw;Wk; mYtyf cjtpahsu;fis ,sepiy cjtpahsu; kw;Wk; jl;lr;ruhf gjtp cau;t[ tH';fyhk; nkYk; murhy; epu;zapf;fgl;Ls;s fhy mtfhrj;jpw;Fs; gzp tpjpfspd; go jl;lr;R nju;r;rp bgw ntz;Lk;@8.Therefore, in the considered view of this Court, the impugned orders are wholly unsustainable. Accordingly, the impugned orders in both the writ petitions are set aside and the matter is remanded back to the 3rd respondent for considering the claims of the petitioners afresh by duly taking note of G.O.Ms.No.206, Municipal Administration and Water Supply (Ma.Na.6) Department, dated 22.10.2018 and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that the claim of the petitioners shall be considered with reference Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021to the vacancy that are available as on the date of consideration of their claim on earlier occasion i.e., at the time of passing the impugned orders.9.Accordingly, the writ petitions are allowed subject to the observations made above. The connected miscellaneous petitions, if any, shall stand closed. No costs.25.06.2024(2/2)Index:Yes/NoSpeaking Order:Yes/NodpaMUMMINENI SUDHEER KUMAR,J.dpaTo:1.The Secretary to Government, Government of Tamil Nadu, Municipal Administration and Water Supply Department,Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P. Nos.26567 & 26568 of 2021 Fort St. George, Chennai-600 009.2.The Director of Municipal Administration, 75, Santhome High Road, MRC Nagar, Chennai 600028.3.The Commissioner, Erode Corporation, Erode.W.P.Nos.26567 & 26568 of 202125.06.2024(2/2)Page No.8 of 8