Promotions are made by selection and not on basis of seniority alone.

N. Paul Vasanthakumar, J.

This writ appeal is preferred against the order of the learned single Judge in W.P.No.6635 of 1997 dated 21. 2005, allowing the writ petition filed by the respondents 1 to 9 herein.

2. The respondents 1 to 9 herein/writ petitioners filed W.P.No.6635 of 1997 with a prayer to quash G.O.Ms.No.237 Municipal Administration & Water Supply Department, dated 29. 1996 including the abstract thereto and the consequential order of the third respondent in the writ petition/12th respondent herein dated 30.12.1996 with a direction to implement the promotion panel dated 26. 1995 by promoting the respondents 1 to 9 herein/writ petitioners.

3. The brief facts necessary for disposal of the writ appeal are as follows:

.(a) The respondents 1 to 8 have joined as Junior Assistant in the Municipal Service and the 9th respondent joined as Attender and all were holding the post of Junior Assistant in the Salem Corporation at the time of filing of the writ petition. Untill the Salem Corporation was formed, they were employed in the Salem Municipality. The post of Junior Assistant in the Municipal Service are covered under the Tamil Nadu Municipal Services Rules, 1970, framed under the Tamil Nadu District Municipalities Act, 1920.

.(b) Under Rule 5 of the Tamil Nadu Municipal Services Rules, 1970 (hereinafter referred as the Rules), for promotion to the post of Assistant, the candidates should have passed the prescribed departmental tests viz., Account Test for Local Bodies or Panchayat Development Account Test and Papers III and IV of the Departmental Test for Officers of the Panchayat development Department or the Account Test for subordinate Officers, Part I.

(c) According to the writ petitioners, they have passed the qualifying tests (Departmental Tests) and reached the selection grade status as per Rule 9 of the Rules. The procedure to be followed for promotion is that a panel will be prepared by the Director of Municipal Administration, after obtaining the names from the Commissioner of the respective Municipalities with their view with regard to the suitability for promotion and the panel will be circulated to the Junior Assistants, calling for their objections, if any. Thereafter, the panel will be finalised and forwarded to the appellate committee.

.(d) The writ petitioners state that the date of passing the test is a relevant consideration for fixing the interse seniority in the promotion panel. On and from 6. 1994, the Salem Municipal Corporation was formed by the Act 29 of 1994 and as per section 9(6)(a) of the Salem Municipal Corporation Act, 1994, the terms and conditions applicable to such officers and employees, consequent to their absorption in the service of the Corporation, shall not be less favourable than those applicable to such employees immediately after the date of such commencement as regards the pay and allowances, leave, pension, gratuity, provident fund and the age of superannuation. Earlier service is to be counted for the purpose of increments, leave, pension, Provident fund and gratuity and all the persons worked in the Salem Municipality were permitted to give their option, either to be absorbed in the Corporation or to be retrenched. The respondents 1 to 9/writ petitioners gave their willingness to be absorbed in the Salem Corporation Municipal service.

.(e) The grievance of the writ petitioners is that they having passed the departmental test much earlier than several others and their names having been placed in the top of the promotion panel for the respective years, the same cannot be changed merely because some of the persons joined earlier than the respondents 1 to 9, passed the tests subsequently, and they should be shown below the respondents 1 to 9 on the basis of the date of passing the departmental tests. By virtue of the said procedure adopted, the names of the respondents 1 to 9 were placed in the bottom of the panel dated 26. 1995, published on 30.12.1996, based on