P RAJENDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, who was working as a Wireman under the Salem Municipality, made a request to promote him as Technical Assistant on the basis of his educational qualification, as required for the post of Technical Assistant under the Tamil Nadu Municipal Corporations Engineer and Water Supply Sub Ordinate Service Rules, 1996, which, admittedly, is applicable to the servants in all the Municipal Corporations.

(2.) It is not in dispute that when the petitioner joined service as Wireman in the Salem Municipality the next avenue of promotion was to the post of Testing Assistant, but after the formation of Salem City Municipal Corporation, the services of the employees of the Corporation are governed under the provisions of the Municipal Corporation Service Rules read with the Tamil Nadu Municipal Corporations Engineer and Water Supply Sub Ordinate Service Rules, 1996. The category of the employees working in the Municipal Corporations Engineer and Water Supply Sub Ordinate Services were categorised as follows:

(3.) It is only under such circumstances, the request of the petitioner to promote him as Technical Assistant was rejected by the proceedings of the third respondent dated 19.9.1997 and the proceedings of the second respondent dated 31.12.1997. Aggrieved by which, the petitioner had preferred the above writ petition for issue of a writ of Certiorarified Mandamus to call for the records of the third respondent dated 19.9.1997 and that of the second respondent dated 31.12.1997, quash the same, and to direct the respondents to promote the petitioner to the post of Technical Assistant in the Salem City Municipal Corporation.