High Court · 2025

W.P.(MD)Nos.5930 of 2009 and 1440 of 2015BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.01.2025CORAMTHE HONOURABLE MR. JUSTICE B.PUGALENDHIW.P.(MD)Nos.5930 of 2009 and 1440 of 2015andM.P.(MD)Nos.3 of 2009, 1 and 2 of 2014andM.P.(MD)Nos.1 to 4 of 2015W.P.(MD)No.5930 of 20091. M.Natarajan2. C.Sekar3. P.Jayanthakumar ... Petitionersversus1. The Director, Town Panchayat, Chennai – 600 108.2. The District Collector, Tirunelveli District, Tirunelveli.3. The Assistant Director, Town Panchayats, Tirunelveli – 627 009.4. Mani @ Ganapathiappan5. Harihara Subramanian1/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 20156. Muthupandi7. Justin Thiravium8. K.Muthiah9. Kulathooran10. Prabakaran11. Madasamy12. Rajendran13. A.Murugan14. Sri Ramaraj ... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking for the issuance of a Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No.3854/2008 Pa 3 dated 13.01.2009 on the file of the 3rd respondent and quash the same and further direct the respondents to implement the G.O.Ms.No.150 Municipal Administration & Water Supply Department dated 19.08.1998 issued by the Government of Tamilnadu in letter and spirit thereby giving appointment to the petitioners as Junior Assistant, Tax Collectors, etc. in Town Pancahyats in Tirunelveli District from their respective eligible dates. For Petitioners: Mr.M.V.Venkataseshan, Senior Counsel for Mr.S.Vellaichamy2/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 2015For R1 to R3: Mr.G.V.Vairam Santhosh, Additional Government PleaderFor R11: Mr.F.DeepakFor R4 to R10and R12 to R14: No appearanceW.P.(MD)No.1440 of 2015C.Sekar ... Petitionerversus1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 9. 2. The Director, Town Panchayat, Chennai – 600 108.3. The District Collector, Tirunelveli District, Tirunelveli.4. The Assistant Director, Town Panchayats, Tirunelveli – 627 009.5. Mani @ Ganapathiappan6. Harihara Subramanian7. Muthupandi8. Justin Thiravium3/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 20159. K.Muthiah10. Kulathooran11. Prabakaran12. Madasamy13. Rajendran14. A.Murugan15. Sri Ramaraj ... RespondentsWrit Petition filed under Article 226 of the Constitution of India seeking for the issuance of a Writ of Certiorarified Mandamus, to call for the records in impugned order in murhiz (epiy) vz;/14 (efuhl;rp eph;thfk; kw;Wk; FoePh; tH';fy; (ngU:/1) Jiw. ehs; 23/01/2015. on the file of the 1st respondent, quash the same and further direct the 2nd respondent to implement the G.O.Ms.No.150 Municipal Administration & Water Supply Department dated 19.08.1998 issued by the Government of Tamilnadu in letter and spirit thereby giving appointment to the petitioner as Junior Assistant, Tax Collectors, etc. in Town Panchayats in Tirunelveli District from the date of entry into service. For Petitioner: Mr.M.V.Venkataseshan, Senior Counsel for Mr.S.VellaichamyFor R1 to R4: Mr.G.V.Vairam Santhosh, Additional Government Pleader4/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 2015For R12: Mr.F.DeepakFor R5 to R11,and R13 to R18: No appearanceCOMMON ORDERThe petitioners are last grade employees in the Town Panchayats. They have been appointed as Office Assistant, Watchman and Turn Cock in the Town Panchayats in Tirunelveli District. 2. The Government, vide G.O.Ms.No.150, Municipal Administration and Water Supply Department, dated 19.08.1998, decided to promote those, who are appointed through TNPSC and have completed seven years of services and are having a minimum qualification of SSLC. A clarification to this G.O. was also issued by the Government in Na.Ka.No.37790 Town Panchayat-2/98-2, dated 22.03.1999 that promotions, if any, have to be provided only by preparing a seniority list, which has to be drawn on District wise. Accordingly, the District Collector, Tirunelveli, has prepared a seniority list for the last grade employees, who are working in the Town Panchayats as on 23.11.1999 and fowarded the same to the Director for 5/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 2015his approval, however, the same was returned. Therefore, another seniority list was prepared on 02.06.2005 and forwarded to the Director, but, the same was also returned that the methodology adopted by the District Administration in preparing the panel is not correct. Therefore, another seniority list was prepared on 29.10.2007 and forwarded to the Director on 05.11.2007 and the same is still pending. Therefore, these writ petitions have been filed for the above relief. 3. Considering that the issue in both the writ petition is common, these writ petitions are taken up together and disposed of by way of a common order. 4. The learned counsel appearing for the petitioners submits that the petitioners, last grade employees, are having all required qualifications as per G.O.Ms.No.150, Municipal Administration and Water Supply Department, dated 19.08.1998. According to the learned counsel, they are having the required qualification of SSLC and they have completed seven years of service and they have been appointed through TNPSC. However, they have not been promoted as per the above 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 2015G.O. In view of the anamoly in preparing the seniority list by the District Administration, the seniority list which was prepared in the year 2007 is also kept pending without any progress. The learned counsel has also relied upon a Judgment of the Division Bench of this Court in W.A.No.134 of 2015, dated 06.09.2018 and the order passed by this Court in W.P.No.19439 of 2005 dated 30.08.2013. 5. It appears that a similarly placed person has filed a writ petition in W.P.No.19439 of 2005 before this Court as against the proceedings dated 23.12.2024 passed by the Secretary to Government, Rural Development Department, Chennai, confirming the order of the District Collector, Tirunelveli District, dated 13.10.2003. By the said proceedings, the Government has promoted 14 persons from the lower grade service based on the seniority list on 13.10.2003 as per G.O.Ms.No.150. The order of this Court passed in W.P.No.19439 of 2005 was challenged before the Division Bench in W.A.No.134 of 2015. The Division Bench, by Judgment dated 06.09.2018, held that the seniority must have been determined on the basis of the post held by the individual and not on the basis of date of joining irrespective of the post 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 2015held and accordingly, dismissed the writ appeal, upholding the order of the learned Single Judge. 6. Since the Division Bench of this Court has already taken a decision on the similarly placed person in W.A.No.134 of 2015, these writ petitions are disposed of with a direction to the first respondent to fix the seniority of the petitioners in light of the order passed by this Court in W.A.No.134 of 2015 dated 06.09.2018. If any of the petitioners already attained superannuation, he/she shall be provided with notional benefits. No costs. Consequently, connected miscellaneous petitions are closed. 20.01.2025ogy NCC: Yes / No.Index : Yes / No.Internet:Yes / No.8/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 2015To1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai – 9. 2. The Director, Town Panchayat, Chennai – 600 108.3. The District Collector, Tirunelveli District, Tirunelveli. 4. The Assistant Director, Town Panchayats, Tirunelveli – 627 009.9/10 https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.5930 of 2009 and 1440 of 2015 B.PUGALENDHI, J. ogy W.P.(MD)Nos.5930 of 2009 and 1440 of 201520.01.202510/10