T V SUBRAMANIAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties.

(2.) THE petitioners have prayed for quashing the order dated 7.7.1995, whereunder, the fourth respondent was transferred to the Tiruchirapalli Municipal Corporation as Executive Engineer. It is the contention of the petitioners that the third respondent is bound to fill up the post of Executive Engineer according to the seniority from among the eligible employees of the third respondent Corporation. THE petitioners were initially working under the Tiruchirapalli Municipality. Subsequently by virtue of the Tiruchirapalli City Municipal Corporation Act (Act 27 of 1994) this Municipality was converted to a Corporation and the petitioners are continuing as such under the said corporation. Learned Counsel appearing for the petitioner has submitted that in view of Sec.9(6) of the Act, it must be deemed that the petitioners have become employees of the Corporation. THE fourth respondent, who was working under the Tuticorin Municipality, has been transferred as the Executive Engineer of the Tiruchirapalli Corporation. It has been submitted that there is no authority to transfer an employee of the Municipality to the Corporation.

(3.) KEEPING in view the submissions made on either side and the facts and circumstances of the case, it cannot be said that the action of the Government was arbitrary. However, since the fourth respondent was brought on deputation, it is reasonable to expect that his deputation would come to an end within a reasonable period and therefore the question of giving promotion to any person employed in the Tiruchirapalli Municipal Corporation shall be considered by the authorities in accordance with law.