STATE OF TAMILNADU Vs. P. SUBBUTHAI

JUDGEMENT

(1.) The appeal arises out of an order dated September 10, 2020 by which the writ petitioner/respondent's transfer from Avadi Municipal Corporation to Kancheepuram Municipality has been annulled.

(2.) There is no dispute that the writ petitioner was an employee of the erstwhile Avadi Municipality. The Municipality was thereafter converted into a Corporation and, in accordance with Section 9(6) of the applicable notification, all employees of the erstwhile Municipality were deemed to be employees of the Corporation. By an office memorandum of May 8, 2020, the writ petitioner was transferred and posted as Town Planning Officer in the Kancheepuram Municipality "on deputation basis due to administrative reason." It is such memorandum of transfer that was challenged by way of the petition under Article 226 of the Constitution. In passing the judgment and order impugned, the learned Single Bench noticed the provisions of the Tamil Nadu Municipal Corporation Service Rules, 1996 and particularly a rule therein that recognised that for the purpose of appointment, promotion, reversion, transfer and discharge from service, each Municipal Corporation ought to be regarded as a separate unit. The learned Single Bench also referred to Rule 110 of the Tamil Nadu Fundamental Rules, 1922 which mandates as follows:

(3.) The principal ground urged on behalf of the appellants herein before the Court of the first instance was the limited extent of the authority available to the employer under Section 116 of the Coimbatore City Municipal Corporation Act, 1981. The entire provision is set out in the impugned judgment and only the material part thereof may be noticed herein: