S. ANTHONYSAMY Vs. SECRETARY TO GOVERNMENT MUNICIPAL

JUDGEMENT

(1.) THE petitioners are the Electricians in Skilled Assistant Grade II, Madurai Corporation. They have sought for a direction to regularise them as skilled Assistant Grade I as per the order in G.O.Ms.No.14 Municipal Administration and Water Supply Department dated 08.03.2010 with all monetary benefits.

(2.) THE petitioner has sought for injunction in M.P.No.2 of 2010 restraining the Corporation from in any way regularizing the post of Skilled Assistant Grade I without following the seniority in the promotion to the post of Skilled Assistant Grade I (fitter/Electrician) and any way violating the order of the first respondent passed in G.O.14 Municipal Administration and water Supply Department dated 08.03.2010. While admitting the writ petition, an interim injunction was granted. The respondents 3 to 9, who are all Fitters in Skilled Assistant Grade II, got impleaded and has filed M.P.No.1 of 2011 seeking to vacate the interim injunction. According to them, G.O.14 is based on the resolution dated 08.11.2005 of the appointment committee of the Madurai Corporation and on 28.12.2005, the council approved the promotion and sent the same to the Government. According to the respondents 3 to 9, those resolutions pertain to promotion of Skilled Assistant Grade-II Fitters to skilled Assistant Grade-I Fitters.

(3.) THE learned counsel for the petitioners has sought to argue that there is a common seniority of skilled Assistant Grade II, i.e. according to him, fitters, electricians, Mechanics etc., in skilled Assistant Grade II are brought under common seniority and the promotion shall be given based on seniority. But the learned counsel for the Corporation has disputed the same. According to him, there is no common seniority and skilled Assistant Grade II in Fitters, electricians, works Inspector and Mechanics are separate categories and separate seniority is maintained.