The main legal point established in the judgment is that the ongoing validity of the existing service rules and bye laws, which allowed for the interchangeability of posts and did not disqualify the petitioner based on educational qualifications, influenced the court's decision.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the entire records relating to the proceedings PO-Thu-na.ka.No.E5/31060/12 dated 18.09.2012 passed by the 2nd respondent and quash the same and consequently to grant adequate promotion to the petitioner.)

1. The above writ petition seeks to quash the panel for promotion to post of Assessor for the year 2012-13, in so for as it did not include the name of the petitioner therein and a direction to promote him. According to the petitioner as per Resolution No.45/2010 dated 28.01.2010 the Second respondent integrated the posts of Assistant, Assistant Store Keeper, License Inspector, Clerk and Sanitary Inspector in to one common category under Subordinate Service Draft Rules, 2009, for Class 3 & 4 employees of the Corporation. The second respondent also prepared a common seniority list vide G.D.Na.Ka.No.E5/12787/2010 dated 15.06.2010 for further promotions to the post of Superintendent and in fact promotions were ordered from the common list. As per which a irrespective of the department and irrespective of their substantive posting all eligible persons were promoted to higher posts. The petitioner, even though substantively appointed to General Department, he was posted in Revenue department and pursuing his career prospects in that line of hierarchy. While so the second respondent on untenable grounds omitted to include the petitioner’s for promotion to the post of Assessor. The petitioner having served for 32 years as Tax Collector and License Inspector is eligible to be promoted. The reason that the petitioner’s degree is invalid is incorrect. In fact the second respondent has given promotions to many persons who have acquired direct Post graduate degrees from Open Universities. Even though the petitioner has valid B.A., degree from Madras University and a B.L., degree from Government Law College, Madras refused to consider the petitioner, which is nothing but arbitrary exercise of power tainted with bias and malafides. On these grounds prays for setting aside the impugned order.

2. The Second respondent filed a detailed counter which is adopted by the first respondent. According to the respondents, the petitioner was appointed as Record Clerk and promoted as Junior Assistant and was posted as Tax Collector w.e.f.10.02.1998. He was promoted as Assistant w.e.f. 30.08.2010. In the interest of administration was posted as License Inspector only on working arrangement vide proceedings dated 30.08.2010 with a condition that his salary would be continued in post of Assistant itself and special allowances will not be given. But the petitioner misleads this court. The office circular dated 18.09.2012, the tentative panel for the post of Assessors for the year 2012-2013 consists of 27 License Inspectors eligible for promotion. The writ petitioner holding the post of Assistant is not eligible for promotion as the post of Assistant is not the feeder category for promotion to the post of Assessor.

3. Further for promotion to the post of License Inspector, a candidate shall put in 12 years of service as Tax Collector. When the panel was prepared for the year 2008, the writ petitioner did not complete 12 years of service as he had joined as a Tax collector only on 10.02.1998. Hence his name was included in the panel for promotion as License Inspector as per Council Resolution No.459/99 dated 08.06.1999 and none of his juniors were also promoted. Apart from this the educational qualification for the post of License Inspector is a degree after completing 11th & 12th standards. But the petitioner without passing 12th standard directly obtained a B.A. Degree from Madras University and got B.L., degree from Dr.Ambedkar Government Law College under evening College course. As per G.O.Ms.No.107 P