R.SUBRAMANIAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition arises out of the petitioner's claim that he is entitled to be promoted to the post of Administrative Officer.

(2.) The writ petitioner was appointed as a Junior Assistant in the office of the Coimbatore City Municipal Corporation on 18.03.1974. At this point of time, the post of Junior Assistant was under Clause-VII of the Tamil Nadu Municipal General Service Rules,1970. The present actions of the writ petitioner refer to the promotion of three other individuals namely Mr.R.Prabakaran, Mr.P.Thangaraj and Mr.A.Masanan, who were appointed as License Inspectors on 14.03.1974 and 15.03.1974. The post of License Inspector was under Clause VI(B) of the Tamil Nadu Municipal General Service Rules,1970. By G.O.Ms.No.2208 Rural Development and Local Administration Department, amendments were made to the Tamil Nadu Municipal General Service Rules,1970, bringing the post of Junior Assistant and the post of License Inspector under a single Clause i.e., Clause VII. However, these posts were treated as separate categories within this Clause.

(3.) Soon after his appointment to the post of Junior Assistant in the Coimbatore Municipal Corporation, the petitioner sought a transfer to the Thanjavur Municipality and the same was granted. On 12.04.1983, vide G.O.Ms.No.545,Rural Development and Local Administration Department, the post of 14 License Inspectors were upgraded to the cadre of Assistant. On 24.01.1985, vide G.O.Ms.No.47, Mr.Prabakaran and Mr.Masanan, were upgraded to the post of License Inspector Assistant Grade by relaxing Rule 26 of the Tamil Nadu Municipal General Rules 1970. This relaxation was granted as the two individuals had adequate outdoor experience. On 12.06.1991, a similar Government Order (G.O.Ms.No.182) was issued to Mr.Thangaraj who was also appointed as an Assistant Grade License Inspector on relaxation under Rule 26 of the Tamil Nadu Municipal General Rules 1970. On 28.03.1989, vide G.O.Ms.No.191, Municipal Administration and Water Supply Department, the petitioner was transferred back to the Coimbatore Municipality under the Coimbatore Municipal Corporation on the condition that he will be the junior most individual in the category of Junior Assistant. On 31.03.1992, the petitioner submitted a representation to the Government of Tamil Nadu requesting that the condition imposed in G.O.Ms.No.191 be deleted and his seniority be restored from his original date of joining the Coimbatore Municipal Corporation on 18.03.1974. This request of the petitioner was accepted on 29.07.1994. Several requests were made by the petitioner for promotion on the same lines as Mr.Prabakaran, Mr.Thangaraj and Mr.Masanan, as he claimed that they were junior to him. On 11.02.2003, the petitioner was promoted to the post of Assistant. On 29.11.2005, following numerous representations by the petitioner, the Coimbatore Municipal Corporation replied and recommended the petitioner's case to the Government of Tamil Nadu for promotion. On 24.02.2006, the Director of Municipal Administration also recommended the case of the petitioner for promotion to the Government of Tamil Nadu. Subsequent to these recommendations, on 21.03.2006, the Coimbatore City Municipal Corporation was directed by the first respondent to produce a detailed statement. On 21.08.2006, the petitioner was promoted to the post of Superintendent. On 22.03.2007, the Coimbatore Municipal Corporation submitted its remarks stating that the request of the petitioner for promotion to the post of Assistant Commissioner may be rejected. The remarks of the Coimbatore Municipal Corporation was forwarded and the Director Municipal Corporation has also requested to submit his specific remarks on the issue. On 06.09.2007, the issue of the promotion of the petitioner was considered by the Government of Tamil Nadu and was rejected in Government letter No.25529/MC4/2005-10. The petitioner filed WP.No.14288 of 2008 and on 19.06.2008, an order was passed directing the Government of Tamil Nadu to consider the representation made by the petitioner for promotion. On 26.08.2008, Government letter (2D) No.123/MC4/2008-6 MA and WS Department, rejected his request for a promotion. The petitioner has thus filed the present writ petition.