P BALAKRISHNAN Vs. COMMISSIONER PUDUCHERRY MUNICIPALITY

JUDGEMENT

(1.) THESE writ petitions are filed for direction against the respondents 1, 3 and 4, to fix the inter-se seniority of the petitioner at the appropriate place of fitment for Senior Assistant in the seniority list drawn by the Puducherry Municipality by taking into consideration the petitioner's initial appointment on 05.10.1989 at Thirunallar Commune Panchayat and give him due promotion as Office Manager/Assistant Revenue Officer in the first respondent Municipality with consequential benefits and also challenging the order of the Deputy Director of Municipal Administration, Local Administration Department, Government of Puducherry, third respondent in WP.No.5405 of 2009, dated 03.08.2005, by which the third respondent accorded approval for absorption of the petitioner as Senior Assistant in the Puducherry Municipality, who came on transfer from Thirunallar Commune Panchayat stating that the past services rendered by him may be counted for the purpose of increment, leave, pension and other benefits, except for seniority, which shall not affect the seniority of other Assistants already serving in the Puducherry Municipality.

(2.) THE petitioner was appointed as a Senior Assistant on 05.10.1989 by direct recruitment in Thirunallar Commune Panchayat and on 10.10.1996, on deputation, he was transferred to Puducherry Municipality as Assistant under Nehru Rozgar Yojana Scheme and on 11.10.2001, he was repatriated to the parent Department. It is stated that, again he was transferred and posted as Senior Assistant in Pondicherry Municipality on 26.11.2001 and on 20.05.2002 he was repatriated to Thirunallar Commune Panchayat. Again, on 05.08.2002, he was transferred and posted in the Puducherry Municipality as Senior Assistant, as per the orders of the Puducherry Government and therefore, as per the service particulars, from 1996 onwards he has been working in the Puducherry Municipality, except with small break and so, he made a representation to the Government of Puducherry and Puducherry Municipality for permanent absorption in the post of Senior Assistant in the Puducherry Municipality.

(3.) THE petitioner belongs to Scheduled Caste category and therefore, he is also entitled for reservation. As per the regular appointment as Senior Assistant, he should have been placed above Mr.Samuel Felix. Even as the redesignation of the post of Senior Assistant as UDC has been considered for seniority list, in W.P.No.1459 of 2008, he sought for seniority from the date of his original appointment.