B. PRABHAKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, challenging the proceedings relating to promotion of the fourth respondent as Assistant Executive Engineer (Main Office) in the services of the Coimbatore City Municipal Corporation, Coimbatore, has filed this writ petition.

(2.) The petitioner, in the affidavit filed in support of this writ petition, averred as follows:

(3.) Mr. AR. L. Sundaresan, learned Senior Counsel assisted by Mrs. A.L. Gandhimathi, learned counsel appearing for the petitioner would submit that as per Rule 4 of the Tamil Nadu Municipal Corporations Engineering and Water Supply Service Rules, 1996, for promotion to the post of Assistant Executive Engineer, the concerned person must have worked as Assistant Engineer/Junior Engineer for not less than one year in the Engineering Department of the Corporation Main Office and for a period not less than three years in the Ward Offices and though the petitioner did not fulfill the qualification with regard to the working in the main office, the fact remains that it is not his voluntary act and such posting should have been given by the Corporation of Coimbatore and admittedly, it was not done and as such, the petitioner cannot be put to blame. The learned Senior Counsel appearing for the petitioner, in support of the said submission, placed reliance upon the order dated 12.06.2015 made in W.P.No.16427 of 2015 [R.Shanthi v. The District Collector (PD Section), Tirupur District, Tirupur]. It is the further submission of the learned Senior Counsel appearing for the petitioner that the seniority list of Assistant Engineers/Junior Engineers have been prepared and after inviting objections, it was issued vide proceedings of the third respondent dated 31.08.2000 and as per the same, the name of the petitioner was found at Sl.No. 10 and the name of the fourth respondent was found at Sl.No.17 and the petitioner joined the service on 30.04.1986 and whereas the fourth respondent joined the service on 21.10.1992.