C MUTHUKRISHNAN Vs. COMMISSIONER MATHURANTHAGAM MUNICIPALITY MATHURANTHAGAM

JUDGEMENT

(1.) THE writ petition is filed praying to issue a writ of certiorarified mandamus calling for the records of the first respondent made in R.C.No.47/97 E1 dated 27.3.2006, quash the same insofar it relates to the appointment of the second respondent as Sanitary Supervisor with effect from 23.7.2006 and direct the first respondent to promote the petitioner to the post of Sanitary Supervisor with effect from 23.7.2006 with all backwages and attendant benefits.

(2.) THE petitioner is working as Sanitary Worker in the first respondent Municipality for the past ten years. He belongs to category No.17 as stated in the Tamil Nadu Municipal (Non Centralized Regular) Public Health Establishment Regulations, 1976. Sanitary Supervisor is a promotional post to be filled from amongst the Sanitary Workers and Watchmen. THE petitioner has got qualification to be promoted to the cadre of Sanitary Supervisor. In the seniority list dated 20.2.2006 in Rc.No.2532/2005 A2, the petitioner's name finds place in the third place. THE senior-most person Mr.E.Mari was promoted to the post of Sanitary Supervisor. THE person who stands next to him is one Mr.P.Kumar, who has already given up his promotion. THE petitioner made a representation to the first respondent dated 11.6.2006. THE first respondent gave a reply that there was no vacancy in the post of Sanitary Supervisor. To the shock and surprise of the petitioner, the impugned order was passed appointing the second respondent as Sanitary Supervisor. THE second respondent was a Nominal Muster Roll employee in Engineering Section. His appointment by the impugned order is against the Regulations. With the above submissions, the petitioner seeks to quash the impugned order passed by the first respondent in Rc.No.47/97 E1 dated 27.3.2006.

(3.) LEARNED counsel for the first respondent-Mathuranthagam Municipality would contend that G.O.(Ms.)No.21 Municipal Administration and Water Supply (MC.3) Department dated 23.2.2006 gives authority to the Municipal Corporation to appoint the NMRs, who are on daily wages, in the vacant post and regularise their services in the regular post. Further, the ratio of 3:1 was adopted in appointing the NMRs to the post of Sanitary Supervisor. The second respondent has already been appointed and has started serving as Sanitary Supervisor.