G RAMESH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ON notice of motion, the respondents have entered appearance. In addition to counsel for the respondents on record, Mr. R. Thiagarajan, Senior Advocate representing the Diploma-holders, Junior Engineers appeared in this Court and argued that the Diploma-holders have not been impleaded as parties deliberately in this writ petition and they are the persons who will be affected by any order that may be passed in this writ petition. Hence I heard Mr. Thiagarajan also though formally his clients are not parties in this writ petition.

(2.) THE main contention on which the relief is sought in this petition is that under Section 86 of the Madras City Municipal (Corporation) Act, 1919, the classification, methods of recruitment, conditions of service, pay and allowances and discipline and conduct of the Corporation establishment shall be regulated by rules made by the State Government in that behalf in the case of Class I-A and B and Class II officers. Other portion of the section is not relevant for the purposes of this case.

(3.) RELIANCE is placed by the petitioner on G. O. Ms. No. 1669 Personnel and Administrative Reforms (Personnel-N) Department dated October 13, 1984. In that Government Order, the Government has directed that if the scales of pay of feeder categories to any particular higher post are different, then persons holding posts carrying a higher scale of pay in the feeder category should be considered first and if no qualified and suitable persons are available in that category, persons holding posts carrying the next higher scale of pay in the feeder category should be considered. I am informed that the Government has framed rules for the Tamil Nadu State and Subordinate Services on the basis of the said notification.