M. PERUMAL Vs. THE PRINCIPAL SECRETARY & COMMISSIONER

JUDGEMENT

(1.) THE petitioners in both the writ petitions are presently working as Sanitary Workers in the Corporation of Chennai. The next avenue of promotion for them is to the post of Junior Assistant. For the year 2012 -2013, the respondent Corporation approved a penal for promotion consisting of as many as 61 eligible persons in the feeder category. The petitioner in W.P. No. 5868 of 2014 was in the 55th rank and the petitioner in W.P. No. 5867 of 2014 was in 58th rank. The said panel was operated and out of the 61 persons, 54 persons were promoted as Junior Assistants as per the proceedings of the respondent in P.D.Na.Ka. No. C6/38369/2012 dated 11.06.2013. Thereafter, the panel was not operated. According to the petitioners, the said panel will be in force for a period of one year from the date of its publication [i.e., from 11.06.2013]. Thus, according to them, the panel should be operated till 10.06.2014. It is also the case of the petitioner, had the panel been operated on or before 10.06.2014, the petitioners would have been promoted by this time. But, instead of doing that the respondent corporation has published a fresh panel for promotion as per the proceedings of the respondent in P.D.Na.Ka. No. C6/37000/2013 dated 14.02.2014. In this panel, the petitioner in W.P. No. 5868 of 2014 is kept at 53rd rank and the petitioner in W.P. No. 5867 of 2014 has not been included. Totally, there are 54 candidates included in the said panel dated 14.02.2014. According to them, the earlier panel dated 11.06.2014 had not lost its life as on the date of filing of these two writ petitions. Therefore, according to them, the respondent should be directed to give effect to the panel dated 11.06.2013 and promote the petitioners as Junior Assistants. Hence, these writ petitions.

(2.) SINCE common issues are involved in both the writ petitions, they were heard together and they are disposed of by means of this common order. I have heard the learned counsel for the petitioners and the learned standing counsel for the respondent and also perused the records carefully.

(3.) IT is further submitted by the respondent that the appointment committee of the respondent Corporation passed a resolution under Resolution No. 271/2013 dated 23.12.2013 wherein the committee directed that the persons who were appointed on compassionate grounds in lower cadre with degree qualification at the time of appointment are exempted from three years of service as prescribed for promotion as Junior Assistant and they are eligible for promotion as Junior Assistant in the year 2013 -2014 as first priority. The tentative panel for promotion to the post of Junior Assistant 2013 -2014 comprising 54 persons from the feeder categories which includes first 21 persons, viz., those who were appointed in lower categories on compassionate grounds with degree qualification at the time of appointment as per the above Resolution, followed by compassionate employees with more than 3 years service, but without degree qualification and employees with minimum educational qualification putting more than 5 years of service as per Chennai Corporation Class -III and IV Subordinate Service revised By -law 2009. Following the said by -law, the panel has been prepared and circulated among staff. Thus, according to the counter there is no violation of the rules. The leave reserve panel 2012 -2013 could not be operated since all the vacancies arose in the panel year 2012 -2013 from 01.08.2012 to 31.07.2013 were filled up.