S GANESH Vs. COMMISSIONER OF TOWN PANCHAYATS

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking the relief of Writ of Certiorarified Mandamus to call for the records relating to the proceedings in Na.Ka.No.2951/2008/Peru.2 dated 14.08.2008 issued by the 2nd respondent and quash the same on the basis of the petitioner's representation dated 22.08.2008 to the first respondent and consequently, direct the second respondent to restore the petitioner's original seniority above the fourth respondent and appoint him as Assistant in any one of the Town Panchayat.

(2.) THE petitioner has been appointed as a Bill Collector through Tamil Nadu Public Service Commission Group IV service on 02.12.1994 in the Ayyampalayam Town Panchayat, Dindigul. He has been transferred to Nilakkotai Town Panchayat as Bill Collector on 11.05.1998. On 18.11.1999, he has been transferred to the Office of the third respondent/the Assistant Director of Town Panchayat, Dindigul, as Junior Assistant. As a matter of fact, both the posts of Bill Collector and Junior Assistant are interchangeable. On 08.12.2000, he has been transferred to Chinnalapatti Town Panchayat and on 09.06.2003, he has been transferred to Oddanchatram Town Panchayat. On 09.05.2007, he has been transferred to Nilakottai Town Panchayat as Junior Assistant.

(3.) THE petitioner has been promoted subject to any person being posted as Executive Officer Grade II from the Combined Subordinate Service Examination conducted by the Tamil Nadu Public Service Commission, the junior most Executive Officer Grade II will be reverted back to his original position. Likewise, in the fourth respondent's promotion order also, it has been mentioned that the promotion shall be subject to reversion. THE petitioner after getting his promotion worked as Executive Officer Grade II, Eriyodu Town Panchayat from 11.02.2008. However, the second respondent in his proceedings in Na.Ka.No.2951/2008/Peru.2 dated 14.08.2008, reverted the petitioner to the post of Junior Assistant and posted him at Batlagundu Town Panchayat because of the fact that one M.Vijayanath has been appointed through the Tamil Nadu Public Service Commission as Executive Officer Grade II allotted for Dindigul District.