Notional promotion placing engineering department employee above town planning transfer post-merger upheld per G.O. instructions; no irregularity; Division Bench erred in interfering; fence-sitters denied relief due to laches.

JUDGMENT :

R. MAHADEVAN, J.

1. Leave granted.

2. The present two sets of appeals arise from the judgment and Order dated 23.07.2024 passed in Writ Appeal No. 996 of 2015, and the Order dated 04.10.2024 passed in Review Application No. 249 of 2024, by the High Court of Judicature at Madras¹[Hereinafter referred to as “the High Court”], whereby the High Court allowed the writ appeal filed by one R. Sasipriya and dismissed the review application filed by T. Gnanavel.

3. The aforesaid Writ Appeal bearing No. 996 of 2015 was directed against the order dated 19.04.2012 passed by the learned Single Judge dismissing W.P. No. 4704 of 2005, which challenged Government Order in G.O. (D) No. 19, Municipal Administration and Water Supply (MC IV) Department, dated 18.01.2005²[Hereinafter referred to as “G.O. (D) No. 19”], granting relaxation of the Service Rules in favour of T. Gnanavel, thereby enabling him to be promoted to the post of Assistant Engineer with effect from 14.04.1997 notionally, with monetary benefits from 26.10.1998. A consequential relief was also sought for a direction to the Commissioner, Coimbatore City Municipal Corporation, to implement the 3:1 ratio in the matter of promotion to the post of Assistant Executive Engineer and to promote the writ petitioner (R. Sasipriya) to the said post in the Coimbatore Corporation.

4. By the impugned judgment dated 23.07.2024, the writ appeal was allowed by setting aside the order passed by the learned Single Judge in the writ petition, as well as G.O. (D) No. 19 issued by the Government, and by directing the authorities to scrutinise the files relating to the grant of relaxation of the Service Rules and pass appropriate orders granting promotion and service benefits to all the employees working in the Coimbatore Corporation. Challenging the same, T. Gnanavel preferred Review Application No. 249 of 2024, which came to be dismissed by the impugned Order dated 04.10.2024.

5. Therefore, the aforesaid judgment and orders are under challenge in the present set of appeals, one by the State of Tamil Nadu and the Commissioner, Coimbatore City Municipal Corporation, and the other by T. Gnanavel.

6. For the sake of convenience, the parties are referred to as per their rank in Civil Appeal Nos.6885-6886 of 2026 @ SLP (C) Nos. 14726 – 14727 of 2025, wherein, T.Gnanavel is the appellant, R.Sasipriya is Respondent No. 1, and the State of Tamil Nadu and the Commissioner, Coimbatore City Municipal Corporation – appellants in Civil Appeal Nos.6883-6884 of 2026 @ SLP (C) Nos. 14666 – 14667 of 2025 are Respondent Nos. 2 and 3.

7. The necessary facts leading to the filing of the present sets of appeals are as follows:

7.1. The appellant, T. Gnanavel was appointed as Fitter on 08.12.1988 in the Municipal Administration and Water Supply Department through the Employment Exchange. Respondent No. 1, R.Sasipriya, was temporarily appointed as Town Planning Inspector in the Coimbatore City Municipal Corporation on 02.08.1993, and her services were regularised vide Proceedings in K. Dis. No. 94176/94/C23 dated 20.12.1994.

7.2. Pursuant to the order dated 04.03.1991 passed in W.P. No. 2857 of 1991, the Government vide G.O. (D) No. 448 Municipal Administration and Water Supply Department, dated 11.08.1995, considered the appeal petition of the appellant and directed the Commissioner, Coimbatore Corpor