1. W.P(MD)No.10845 of 2011 is filed challenging the order of promotion dated 23.08.2011, issued in favour of the fifth respondent, who is the petitioner in W.P(MD)No.4507 of 2014.

2. W.P(MD)No.4507 of 2014 is filed by the fifth respondent in W.P(MD)No.10845 of 2011, challenging the order of reversion passed by the Executive Officer, Punjai Pugalur Town Panchayat, Karur District, dated 25.02.2014.

3. Contempt Petition No.408 of 2014 is filed complaining that the interim order of stay granted in M.P(MD)No.2 of 2014 in W.P(MD)No.4507 of 2014, has been violated.

4. For the sake of convenience, the names of the respective writ petitioners are referred to in this order instead of referring their ranks.

5. M. Palanisamy, was given promotion to the post of Sanitary Supervisor through proceedings dated 23.08.2011, by the Executive Officer, Punjai Pugalur Town Panchayat. The said promotion is challenged by M. Meena in W.P(MD)No,10845 of 2011 on the ground that the said M. Palanisamy, was not holding the post falling under the feeder category to get promoted to the post of Sanitary Supervisor. Admittedly, M. Palanisamy, was holding the post of Tank Operator which is not the feeder category. However during the pendency of the above writ petition filed by M.Meena, challenging the promotion of M. Palanisamy, the Executive Officer of Punjai Pugalur Town Panchayat, reverted M. Palanisamy, from the post of Sanitary Supervisor by passing an order dated 23.08.2011. The said order is challenged by M. Palanisamy in W.P.(MD)No.4507 of 2014, mainly on the ground that the same came to be passed in violation of principles of natural justice, as admittedly, M. Palanisamy, was not heard before reverting him.

6. The learned Counsel appearing for M. Palanisamy, contended that once the order of promotion is issued to him, he cannot be reverted without affording an opportunity of hearing and therefore, such order cannot be sustained on the ground of violation of principles of natural justice.

7. He further contended that it is not necessary that promotion to the post of Sanitary Supervisor has to be made only from such of those feeder categories and on the other hand, several promotions were made to the said post from and among other persons who were holding the posts other than the feeder category.

8. Per contra, Mr. G.R. Swaminathan, learned Counsel appearing for M. Meena, submitted that the very promotion given to M. Palanisamy, is against the statutory rules and therefore, there is no necessity to issue notice to him, as issuance of such notice is only an empty formality which need not be observed only for the sake of following the principles of natural justice.

9. He further pointed out that this Court while disposing of earlier writ petition in W.P(MD)No.9865 of 2011 filed by M. Meena, observed that the respondents shall not make any appointment contrary to the statutory rules governing the appointment of Public Health Maistry or Sanitary Maistry. Therefore, he contended that the reversion order is rightly passed which need not be interfered with, even on the ground of violation of principles of natural justice.

10. He relied upon the decisions of this Court in A. Nallusamy and others -vs- The District Collector Karur District, Karur and others reported in 2009 (5) CTS 700 to contend that issuance of notice to the petitioner before passing an order of reversion would be only an useless formality.

11. Mr. T.S. Mohamed Mohideen, learned Additional Government Pleader appearing for the respondents 1 and 2 in W.P(MD)No.4507 of 2014 submitted, based on the counter affidavit filed by the Executive Officer, that the promotion to the post of Sanitary Supervisor or Sanitary Maistry will have to be made from the feeder categories and such feeder categories, being Public Health Workers, Sanitary workers Scavengers, Sweepers and Thottis, promotion given to M. Palanisamy, was against the statutory rules and therefore, the said promotion was rightly reverted.

12. Hea