M GANESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the petition is to issue a writ of certiorarified mandamus to call for the entire records leading to the issue of G. O. Ms. No. 237, MA and WS (Election) Department dated 26. 9. 1996 including the abstract/annexure thereto and the consequential order of the 3rd respondent made in Na. Ka. No. 6464/96/c2 dated 30. 12. 1996 and quash the same and to direct the respondents to implement the promotion panel made in C-2/21190/95 dated 23. 6. 1995 on the file of the third respondent.

(2.) THE brief facts stated in the affidavit filed in support of the writ petition are as follows: the petitioners 1 to 8 joined as Junior Assistants and the 9th petitioner joined as an attender in the Salem Corporation; that the post of Junior Assistant was originally covered by the Tamilnadu Municipal Service Rules, 1970 under the District Municipalities Act; that the post of Junior Assistant came under VII Category-1; that the next promotion for the post of Junior Assistants was Class V consisting of 8 categories i. e. , as follows: <FRM>JUDGEMENT_850_TLMAD0_2005Html1.htm</FRM> that all the above categories were promotion avenues exclusively to the Junior Assistants, provided they have passed the prescribed Departmental Tests under Rule 5 viz. , Account Tests for Local Bodies or Panchayat Development Account Tests; that the petitioners have all passed the qualifying test and have also reached Selection Grade Status; that the second respondent herein has to obtain permission from the Commissioner, the third respondent herein for promotion or otherwise; that the promotion panel is prepared and circulated to the Junior Assistants calling for objection, if any and thereafter the promotion panel is finalised and approved; that the date of appointment to the service or the date of passing of the Departmental Test has been agitated before this Court several times and this Court has held in a decision reported in GAJENDRAN Vs. PALLAVARAM MUNICIPALITY; that the date of passing of the test is the relevant point for consideration in fixing the inter se seniority in the promotion panel; that the petitioners submit that on 1. 6. 1994 Salem Municipal Corporation was formed vide Act 29/94, which obtained approval from Governor on 17. 5. 1994 that Section 9 of Salem Municipal Corporation Act provides for transitional powers; that any officer or employee serving in the Municipality shall be given an option to be exercised within such time and in such manner as may be prescribed either to be absorbed in service or to be retained in the service constituted under Section 73-A of the District Municipalities Act, or to be retrenched from service; that according to Section 9 (6) (b) options were called for from the existing employees of the Salem Corporation and all of them have also given their option consenting for continuity in the Salem Municipal Corporation service; that all the employees in service from 1. 6. 1994 have been absorbed with full service protection and they have also given their consent to continue in the newly formed Salem Corporation and their service conditions have not be altered.

(3.) THE petitioners further submit that in proceeding Na. Ka. No. C-2/21190/95 dt. 5. 5. 1995 was prepared by the 3rd respondent and the relevant consideration was the date of passing of the departmental test and the objections were called for and there was only one objection from one N. Sailakshmi who was placed in 1991 panel, though she had passed Departmental test in 1988 itself, her objection was upheld and final approved list was published by the 3rd respondent in his proceedings dt. 23. 6. 1995, wherein the 1st and 5th petitioners names were in 1985 promotion list as serial No. 9 and 8 respectively that the 3rd and 8th petitioners' names were in 1986 panel; that the 3rd and 9th petitioners' names were in 1993 list; that 4th 6th and 7th petitioners' names were in 1989 panel list; that the date of passing of the Departmental Test was the sole criterion and the panel was prepared as per the existing rules, Government Orders and the Judgment of the Honourable Court.