P SIVAKUMAR Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) PETITIONER seeks writ of mandamus directing the Respondents 1 to 3 from in any manner reverting the PETITIONER from the post of Bill Collector to the post of pump cleaner and restraining the Respondents from promoting the 4th Respondent to the post of Bill Collector.

(2.) PETITIONER joined services of the Respondents as pump cleaner w.e.f 28.02.1997 and he was appointed through Employment Exchange. On his appointment as pump cleaner his pay scale was fixed. One Kanniappan who was working as Revenue Assistant was promoted as Junior Assistant and the post held by Kanniappan fell vacant. By the proceedings of the 3rd Respondent the PETITIONER was promoted as Bill Collector w.e.f 18.01.2008.

(3.) LEARNED counsel for the Petitioner contended that the 4th Respondent was in Panchayat service and later when he was absorbed in Municipality, 4th Respondent cannot claim seniority. The learned counsel would further submit that Petitioner has been promoted as Bill Collector in January 2008 and has been functioning since then and the Petitioner cannot be reverted.