IMPORTANT POINT
Relaxation of service rules for promotions must be exceptional and not routine, ensuring equal opportunity for all eligible employees.

JUDGMENT :

S.M. SUBRAMANIAM, J.

1. The writ petitioner is the appellant before us.

2. The writ petition was instituted challenging the Government Order issued in G.O.(D) No. 19, Municipal Administration and Water Supply Department, dated 18.01.2005, granting relaxation of Service Rules relating to promotion in favour of the third respondent-Mr.T.Gnanavel, enabling him to get promoted to the post of Assistant Engineer with effect from 14.04.1997 notionally and monetary benefits from 26.10.1998. The Writ Court dismissed the writ petition.

3. Mr.K.Rajkumar, learned counsel appearing on behalf of the appellant, would submit that at every stage of promotion either Rules relating to promotion are relaxed or promotions are granted in violation of the existing Rules in favour of the third respondent. On several occasions, the third respondent could secure higher position by depriving the promotional opportunities of many other eligible employees working in Coimbatore Corporation.

4. The Government Order under challenge issued in G.O.(D) No. 19, Municipal Administration and Water Supply Department, dated 18.01.2005, would reveal that the third respondent was granted relaxation of educational qualification and experience as contemplated under the Rules.

5. Mr.P.Kumaresan, learned Additional Advocate General, appearing on behalf of the first respondent, would submit that no doubt certain relaxations are granted. But, it was granted in order to bring parity amongst the employees promoted from Town Planning Department and form Engineering Department.

6. Mr.T.J.Lakshmipathy, learned counsel appearing on behalf of the third respondent, would submit that promotions were granted considering the grievance of the third respondent and therefore, there is no infirmity as such.

7. Perusal of the Government Order impugned in G.O.(D) No. 19, Municipal Administration and Water Supply Department, dated 18.01.2005, would show that on several occasions, the Coimbatore Corporation has submitted proposals to grant promotion in violation of the Rules in force. The Government also, without considering the Rules and not considering the grievances of other employees, passed orders in favour of the third respondent. The Government Order impugned itself is sufficient to form an opinion that concessions are given to the third respondent on extraneous considerations, affecting the service rights of other employees serving in Coimbatore Corporation.

8. We are not inclined to adjudicate each and every promotion and the manner in which the third respondent was promoted to various posts. Resolutions after resolutions passed by the Corporation would indicate that the plight and opportunity of other employees are not taken into consideration. Any kind of such favouritism by the Corporation and passing resolutions would not only offend the provisions of the Rules, but would result in infringement of service rights of several other employees, who all are aspiring to secure promotion as per the Rules and in the order of their seniority.

9. Mr.P.Kumaresan, learned Additional Advocate General, appearing on behalf of the first respondent, would submit that such concessions are granted to the appellant also. If so, all such irregularities and illegalities are to be looked into and corrections are to be made in order to protect the services of all other employees working in Coimbatore Corporation.

10. Equal opportunity in promotion is the constitutional mandate. All employees eligible are to be considered while preparing the panel for promotion. Promotions are to be granted scrupulously by following the Rules as contemplated. Therefore, any relaxation of Rule, is unacceptable.

11. The power of relaxation is conferred to the Government as an exception. Rules are to be followed. Relaxations are to be granted, if there is any gross injustice noticed affecting service rights of an individual or group of persons. The power of relaxation cannot be exercised by the Government in routine manner.

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