STATE Vs. T.V. PALANI

JUDGEMENT

(1.) THESE writ appeals are filed against the common order dated 28.09.2011 made in W.P.Nos. 776, 777 and 778/2006. Original Application No. 44/2000 filed by the respondent herein/writ petitioner on the file of the erstwhile Tamil Nadu Administrative Tribunal with a prayer to call for the records relating to the proceedings of the second appellant in letter No. 36717/M.E.V(96 -11) dated 23.11.1998, to quash the same and consequently to direct the appellants herein to treat period from 23.10.1998 compulsory wait and pay arrears of salary and other attendant benefits due to the writ petitioner, with interest at the rate of 18% per annum. O.A.No. 7992/2000 was filed by the respondent herein/writ petitioner on the file of the erstwhile Tamil Nadu Administrative Tribunal with a prayer to set aside the proceedings of the second appellant in G.O.(D) No. 601 Municipal Administration and Water Supply (ME -1) Department dated 23.10.2000 and consequently direct the appellants to post the petitioner in any Selection Grade Municipality. O.A.No. 45/2000 was filed by the respondent herein/writ petitioner on the file of the erstwhile Tamil Nadu Administrative Tribunal with a prayer to call for the records relating to the charge memo issued by the third appellant in his office proceedings R.O.C.No. 4418/98/CI dated 27.09.1999 and quash the same. On the abolition of the Tamil Nadu Administrative Tribunal, the above said original applications, namely O.A.Nos. 44/2000, 7992/2000 and 45/2000 came to be transferred to this court and re -numbered as W.P.Nos. 776/2006, 777/2006 and 778/2006 respectively.

(2.) THE respondent/writ petitioner was initially appointed as Junior Assistant in the year 1962 in Town Panchayat Department. After several accelerated promotions, he was promoted as Municipal Commissioner Grade -III with effect from 28.05.1990 vide G.O.Ms.No. 466, Municipal Administration and Water Supply Department from the feeder category of Selection Grade Executive Officer in the Town Panchayat Office. The municipalities are classified in the ascending order as Grade -III, Grade -II, Grade -I, Selection Grade and Special Grade municipalities. The commissioners appointed to such municipalities are also graded as Grade -III, Grade -II, Grade -I, Selection Grade and Special Grade in the same order. Since 1989, no regular panel for promotion from the feeder category for promotion to the post of Grade -II Municipal Commissioner was issued and only ad hoc promotions were made. On 21.03.1995 inter se seniority in the cadre of Municipal Commissioners Grade -III was fixed and the seniority list was published. The respondent/writ petitioner was ranked at Sl.No. 3 in the said seniority list. By then he had qualified for regular promotion to the post of Municipal Commissioner Grade - II by having passed the required departmental tests.

(3.) CHALLENGING the said posting involving his down gradation , O.A.No. 4262/1996 came to be filed by him before the erstwhile Tamil Nadu Administrative Tribunal contending that while his juniors R.S.Ramasamy and R.Sathiamoorthy, who had not even passed the required departmental tests were posted as Commissioner of Selection Grade Municipalities, he was unjustifiably downgraded as Municipal Commissioner (Grade -I. Adding salt to the injury, he was again transferred to Pattukottai (Grade -I) Municipality by order dated 27.08.1996. Meanwhile, the Government issued a seniority list dated 26.08.1997 fixing the seniorities of the Municipal Commissioners Grade -III appointed through various sources from 1989 onwards and the petitioner was placed at the top of the list in Sl.No. 1. Even before that the respondent/writ petitioner made a representation to the Government on 18. 02.1997 for posting him in any one of the selection grade municipalities, but he was again transferred from Pattukottai Municipality to Aruppukottai Municipality (Grade -I) by order dated 27.08.1997. Again he made representations to post him at a selection grade municipality on 29.11.1997, 04.03.1998 and 24.07.1998. However, his request was not heeded to and he was transferred to Vriddhachalam Municipality (Grade -I) by an order dated 08.06.1998. Thereafter, O.A.No. 4262/1996 was disposed of by the Tamil Nadu Administrative Tribunal by order dated 28.07.1998 directing the appellants to dispose of the representations of the respondent/writ petitioner on merits within a period of 12 weeks.