High Court · 2025

W.A(MD)Nos.999 & 1092 of 20242.K.Babu3.M.S.K.Pandiarajan4.C.Sundarajan5.A.Palanichamy6.S.Rajagopal7.S.Srinivasan8.V.Karthikeyan9.P.Mariammal10.P.Meenambal11.K.Selvaraj12.D.Pitchaimani13.B.Saravanan14.R.Kathiresan15.L.Asai Thambi16.M.Sankar17.M.Mugunthan18.M.Senthilkumar19.A.Chakkaravarthi20.K.Abirami2/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 202421.P.Rajendran22.M.Muthulakshmi23.G.Navaneetha Krishnan24.K.Arumugam ... Respondents 2 to 24 / Petitioners 1 to 2325.Sulthan Ameer26.T.Jeyaraman27.V.Arjunan28.K.Venkatesan29.D.Selvaraj ... Respondents 25 to 29 / Respondents 2 to 630.M.Kannan31.R.V.Kumaran Babu32.M.Manimegalai33.S.V.S.Ramachandran34.M.Muthukani Eswaran35.C.Nagarajan36.S.Chinnachamy37.M.Thangapandi3/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 202438.E.Vanapetchi... Respondents 30 to 38 / Respondents 10 to 1839.R.Selvi40.T.Karthick41.J.Merlin Joyes42.V.Arockiya Jeyanthi43.P.Baskaran44.T.Raman45.R.Latha46.S.Kalieswari47.B.Sargunam48.S.Saraswathi49.J.Mohanalakshmi50.M.Rajkumar51.S.Raja Mohammed52.A.Muthumari53.P.Hemalatha54.A.Alagulakshmi55.F.Asha4/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 202456.P.Venisha Anthoni Jothi... Respondents 39 to 56 / Respondents 22 to 39PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 08.06.2023 made in the writ petition in W.P(MD)No.21896 of 2018.For Appellants : Mr.S.RamsundarvijayrajFor Respondents : Mr.S.Vinayak Standing Counsel for R.1 Mr.B.Saravanan Senior Counsel for Mr.V.Balamurugan for R.2 to R17 & R.20 to R.24 Mr.Issac Mohanlal Senior Advocate for R.33, R.41, R.45 to 47, R.49, R.50, R.52, R.53 to R.55W.A(MD)No.1092 of 2024:The Commissioner,Madurai Municipal Corporation,Madurai. ... Appellant / 1st RespondentVs1.K.Babu2.M.S.K.Pandiarajan5/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 20243.C.Sundarajan4.A.Palanichamy5.S.Rajagopal6.S.Srinivasan7.V.Karthikeyan8.P.Mariammal9.P.Meenambal10.K.Selvaraj11.D.Pitchaimani12.B.Saravanan13.R.Kathiresan14.L.Asai Thambi15.M.Sankar16.M.Mugunthan17.M.Senthilkumar18.A.Chakkaravarthi19.K.Abirami20.P.Rajendran21.M.Muthulakshmi6/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 202422.G.Navaneetha Krishnan23.K.Arumugam ... Respondents 1 to 23 / Writ Petitioners 1 to 2324.Sulthan Ameer25.T.Jeyaraman26.V.Arjunan27.K.Venkatesan28.D.Selvaraj29.K.Sadasivam30.S.Usharani31.M.Muthumalini32.M.Kannan33.R.V.Kumaran Babu34.Manimegalai35.S.V.S.Ramachandran36.M.Muthukani Eswaran37.C.Nagarajan38.S.Chinnachamy39.M.Thangapandi40.E.Vanapechi7/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 202441.R.Deepa Rathi42.M.Maheswari43.J.Rajeswari44.R.Selvi45.T.Karthick46.J.Merlin Joyes47.V.Arockiya Jeyanthi48.P.Baskaran49.T.Raman50.R.Latha51.S.Kalieswari52.B.Sargunam53.S.Saraswathi54.J.Mohanalakshmi55.M.Rajkumar56.S.Raja Mohamed57.A.Muthumari58.P.Hemalatha59.A.Alagulakshmi8/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 202460.F.Asha61.P.Venisha Anthoni Jothi ... Respondents 24 to 61 / Respondents 2 to 39PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 08.06.2023 made in the writ petition in W.P(MD)No.21896 of 2018 and allow the Writ Appeal.For Appellants : Mr.S.VinayakFor Respondents : Mr.B.Saravanan Senior Counsel for Mr.V.Balamurugan for R.1 to R16 & R.19 to R.23 Mr.Issac Mohanlal Senior Advocate for R.35, R.46, R.48, R.50 to R.52, R.54, R.55, R.57 to R.60COMMON JUDGMENTHeard both sides. 2.The petitioners in W.P(MD)No.21896 of 2018 are working as Tax Collectors in the Madurai Corporation. They challenge the seniority list dated 20.09.2018 issued by the Commissioner, Madurai Corporation. According to them, their seniority ought to have been reckoned from 9/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 202401.03.2008 and not from 29.01.2015. The petitioners in W.P(MD)No.857 of 2019 were holding the post of Junior Assistant in Madurai Corporation. They were promoted to the post of Assistant and subsequently vide order dated 03.01.2019 they were reverted to the post of Junior Assistant. The reversion order was put to challenge in W.P(MD)No.857 of 2019. Both the writ petitions were taken up together. W.P(MD)No.21896 of 2018 was allowed while in W.P(MD)No.857 of 2019 the reversion order was sustained. 3.The learned Senior Counsel for the contesting parties as well as the learned Standing Counsel for the Madurai Corporation reiterated their respective contentions. 4.Assailing the common order dated 08.06.2023 whereby both the writ petitions were disposed of, these Writ Appeals have been filed. Except three, the remaining petitioners in W.P(MD)No.21896 of 2018 joined Madurai Corporation as unskilled workers. K.Babu, M.S.K.Pandiarajan and C.Sundarajan (petitioners 1 to 3 in W.P(MD)No.21896 of 2018) joined Madurai Corporation as record clerks. All of them 10/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 2024were appointed as Conservancy Inspectors by the Commissioner of Madurai Corporation vide proceedings dated 03.08.2005 and 06.09.2006. The post of Conservancy Inspector falls under category 4 in group III of Tamil Nadu Municipal Corporations General Subordinate Service. Group III comprises the following categories: GROUP III Category 1 - Junior Assitant-cum-TypistCategory 2 - Steno TypistCategory 3 - Tax CollectorCategory 4 - Conservancy InspectorThe manner of appointment to the said posts is set out in the following table: Junior Assistant-cum-Typist - (i) By direct recruitment; and(ii) By promotion from the holders of the posts in category (1) in Group IV and in categories (1) and (3) in Group V of this service....Conservancy Inspector - By transfer from the holders of the post of Junior Assistant – cum - Typist5.A bare reading of the aforesaid Rule shows that the post of Junior Assistant cum Typist can be filled either by direct recruitment or 11/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 2024by promotion from the holders of the posts in category 1 in Group IV and in categories 1 and 3 in Group V. On the other hand, the post of Conservancy Inspector can be filled up by transfer from the post of Junior Assistant cum Typist. In our view, while there can be migration from the post of Junior Assistant cum Typist to the post of Conservancy Inspector, the post of Junior Assistant cum Typist cannot be filled by a Conservancy Inspector even by transfer of service. The same principles applies in the case of a Tax Collector also. We therefore unable to concur with the view taken vide order dated 26.04.2013 in W.P(MD)No.6403 of 2006 that all the four categories of post in Group III are interchangeable. 6.Except K.Babu, M.S.K.Pandiarajan and C.Sundarajan, the other petitioners in W.P(MD)No.21896 of 2018 were reverted on deemed basis to the post of Record Clerk and posted as a Tax Collectors vide proceedings dated 24.01.2015. While preparing the seniority list, their seniority was reckoned with effect from 06.02.2015 and not with effect from 01.03.2008. To this effect, proceedings dated 20.09.2018 were issued by the Commissioner of Madurai Corporation. 12/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 20247.When the aforesaid petitioners were appointed as Conservancy Inspectors on a substantive basis with effect from 01.03.2008, obviously their seniority must be reckoned only from the said date and not from any subsequent date. The mistake committed by the Madurai Corporation is bunching all the 4 categories together in a single combined seniority list. The fault lies not with the Commissioner of Madurai Corporation but in ruling rendered by this Court in W.P(MD)No.21896 of 2018. Since we have already held that such a view is untenable, we direct the Commissioner, Madurai Corporation to prepare separate seniority lists for each of the categories in Group III of Tamil Nadu Municipal Corporations General Subordinate Services. This shall be done as expeditiously as possible. 9.It is seen that the interim order was granted in W.P(MD)No.21896 of 2018 on 25.10.2018. It reads as follows: “The respondents are directed to promote the persons as per impugned order, but however taking into account, the appointment date of the petitioners as stated in Column No.10 of proceedings dated 29.01.2015. Notice returnable by 22.11.2018. Private notice also permitted. 13/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 2024Batta to be filed and despatched within five days, failing which, interim order will stand automatically vacated without reference to this Court. ”10.In violation of the said interim order, promotion was granted in favour of the petitioners in W.P(MD)No.857 of 2019. When an interim order granted by this Court or by any Court is holding the field, no executive authority can be allowed to act in contravention of the same. Therefore, when a contempt petition was filed to undo the mischief earlier committed by them, the reversion order dated 20.09.2018 was issued. The learned single Judge rightly sustained the reversion order. We do not find any ground to reverse the said order. 11.Since the issue of promotion to the post of Assistant has been prominently raised in the said writ petition, we have to clarify that the authority is obliged to scrupulously follow the relevant service rules. It is seen that the post of Assistant is to be filled up by way of direct recruitment or by promotion from the holders of the post of Junior Assistant cum Typist. Neither the post of Conservancy Inspector nor the post of Tax Collector is figuring as a feeder grade. So long as the service remain as they are, it is not open to the employer to act contrary to the 14/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 2024same. The order of the learned single Judge is interfered with to the extent mentioned above. 12.These Writ Appeals and C.M.P(MD)No.7949 of 2024 are disposed of accordingly. No costs. Consequently, C.M.P(MD)Nos.7232, 8240 & 3751 of 2025 are closed. [G.R.S., J.] [K.R.S., J.] 06.08.2025Internet : Yes/NoIndex : Yes/NoNCC : Yes/NoMGA/skmToThe Commissioner,Madurai Municipal Corporation,Madurai.15/16 https://www.mhc.tn.gov.in/judis W.A(MD)Nos.999 & 1092 of 2024G.R.SWAMINATHAN, Jand K.RAJASEKAR, J.MGA/SKMW.A(MD)Nos.999 & 1092 of 202406.08.202516/16