M. SANKAR Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) THE petitioner was appointed as a Sanitary Worker in the second respondent-Panchayat on 01.09.1988. The next promotional post is Sanitary Supervisor. A vacancy arose during 2001 for the post of Sanitary Supervisor. Though he is the senior-most person, instead of promoting him as Sanitary Supervisor, one Thiru.Paneerselvam was appointed as Sanitary Supervisor by way of direct recruitment.

(2.) ACCORDING to the petitioner, if nobody is eligible for promotion to the post, then only they shall resort to direct recruitment. In any event, the petitioner did not choose to challenge the direct recruitment of Mr.Paneerselvam.

(3.) THE respondents took a plea that there was ban on recruitment and therefore, the claim of the petitioner for promotion cannot be considered. The said plea was rejected by this Court, as the ban is relating to direct recruitment and not for promotion. In the said circumstances, the Principal Bench disposed of the Writ Petition on 08.08.2002 to consider the representation of the petitioner for promotion to the post of Sanitary Supervisor. This Court further directed the respondents not to post any juniors in the post of Sanitary Supervisor till the representation of the petitioner is considered and an order is passed.