A.AHAMED IBRAHIM Vs. THE SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY (CORP.4) DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned Clarification Letter passed by the first respondent in his proceedings letter (2g) No.85 dated 27.08.2013 and the consequential issuance of inter-se- seniority list circular issued by the 3rd respondent in his proceedings Ma.Ne.1/25997/2010, dated 23.09.2013.

(2.) The case of the petitioner is that he was initially appointed as Junior Assistant on 25.06.1993 and thereafter, he was promoted to the post of Assistant on 19.11.2009 in the third respondent Corporation. He also stated that the contesting respondents 4 to 8 were initially appointed as Bill Collector/Revenue Assistant from the year 1986 and then the respondents 4 to 8 were given promotion as Assistant on 18.08.2010. The further case of the petitioner is that as per G.O.Ms.No.237, dated 27.09.1996, the new corporation service rules titled as the Tamil Nadu Municipal Corporation Service Rules 1996 was brought into force. The Tamil Nadu Municipal Corporation General Subordinate Service Rules 1996 deals with the post of Assistant under Category ? I of Group II of Clause III. The post of Tax Collector falls under the Category III of Group III of Clause III under the Tamil Nadu Municipal Corporations General Subordinate Service Rules 1996 ( in short Service Rules 1996). He has further stated that as the Rule 3 of Service Rules 1996, the method of appointment to various categories of post is provided and as per the method provided under the Rules, the post of Assistant shall be filled by direct recruitment and by promotion from the holders of post of Junior Assistant-cum-Typist at the ratio of 1:9. Subsequently, the Government issued G.O.Ms.No.140, Municipal Administration and Water Supply Department, dated 27.05.1997 and thereby certain clarifications were issued regarding the request of various associations and individuals of the corporations. It was clarified that the Tax Collectors, who had less than 20 years of service as on the date of the issue of the order, will have to work under New Service Rules in other category of post and in respect of Tax Collectors, who had completed 20 years of service as Tax Collectors on the date of issue of the Government Order, may be considered for promotion to the post of Revenue Inspector (Special) in accordance with strict seniority in the post of Tax Collectors. The benefit of G.O.Ms.No.140 was not extended to the Tax Collectors working in the 3rd respondent Corporation. Challenging the service Rules 1996, a writ petition has been filed at the instance of the tax Collectors working in the 3rd respondent.

(3.) The said writ petition was subsequently withdrawn and thereafter, the Government passed G.O.Ms.No.265 Municipal Administration and Water Supply Department, dated 13.07.2006 and thereby a direction was issued to the 3rd respondent corporation to treat the post of License Inspectors as Revenue Inspectors (Special) and the same shall be filled up by promoting the Tax Collectors, who had 20 years of experience as on 27.05.1997 and the post of Revenue Inspectors (Special) can be disbanded after retirement of the employees. Pursuant to the Government Order in G.O.Ms.No.265, as many as 18 Bill Collectors were promoted to the post of Revenue Inspectors (Special), who had completed 20 years of service in the post of Bill Collectors as on 27.05.1997.