P THANGARAJ Vs. COMMISSIONER MADURAI CITY MUNICIPAL

JUDGEMENT

(1.) THE petitioners have sought for a writ of Certiorarified Mandamus, calling for the records connected with orders of the Commissioner, Madurai City Municipal Corporation, issued in E-1/970/66/77 dated April 26, 1978, the order of the appeal Committee of the Madurai City Municipal Corporation in Resolution No. 30 dated June 3, 1982 and the order of confirmation made by the Government in its letter No. 31817/vll/8721 dated April 1, 1991, and to quash the same, and also to direct the respondents to prepare a fresh panel of Junior Assistants fit for promotion for posts of Assistants for the year 1982 by placing the petitioners above the names of respondents 4 to 20.

(2.) THE case of the petitioners as pleaded by them, is that the petitioner were initially working as Junior Assistants in the Corporation of Madurai; the next promotional post is the post of, Assistant; in order to be eligible for promotion to the post of Assistant, one should pass departmental account test; they are governed by the Madurai City Municipal Corporation Service Rules, 1975, for the purpose of promotion to the post of Assistants and other higher posts, a promotion panel would be prepared every year by the Commissioner as per Rule 27.

(3.) A panel of 17 Junior Assistants pursuant to the resolution dated April 18; 1977 was prepared during 1977; 8 persons were promoted out of that panel during 1977; subsequently 19 persons were added in the panel for 1977 by a resolution dated January 7, 1978, no crucial date for the preparation of panel had been prescribed under the Rules; the Corporation was following the Government Orders. Accordingly the Crucial date for preparation of panel was first April and the panel prepared was valid for one year which would lapse on the expiry of one year, there was no retirement during the year 1978, nor there was any additional post, nor any new post in the category of Assistants were created. Hence no panel had been prepared for the year 1978.