Promotion is not an absolute right; it depends on service rules and seniority-cum-merit assessment, as upheld under the Tamil Nadu Cooperative Societies Act and Articles 14 and 16, ensuring service conditions are protected.

ORDER :

S.M.SUBRAMANIAM, J.

(i) W.M.P.No.17672 of 2024 seeking to permit the petitioners to file a single writ petition stands ordered on payment of separate Court fee.

(ii) For the reasons stated in the affidavits, W.M.P.Nos.17677 & 28227 of 2024 are ordered.

2. This batch of writ petitions on hand has been instituted either to issue a writ of declaration declaring the amendment to Rule 7(3) of the 1st respondent in G.O.(Ms)No.11, Co-operation, Food and Consumer Protection Department dated 24.01.2024 and the consequential provisional seniority list dated 29.05.2024 bearing ref.No.Rc.No.12367/ 2024-25/CCS to be ultra vires as offending Article 14 and 16 of the Constitution of India or to issue a writ of certiorarified mandamus, calling for the records pertaining to the G.O.Ms.No.11, Co-operation, Food and Consumer Protection dated 24.01.2024 of the first respondent as notified in the Tamil Nadu Government Gazette dated 13.03.2024 and the consequential State Level Approved Seniority List of Managers of District Central Cooperative Bank as on 01.05.2024 and to quash the same and consequently direct the respondents to continue the district wise promotions, respectively.

3. The facts in brief as stated by the writ petitioners reveal that the petitioners have been employed in various District Central Cooperative Banks across the State of Tamil Nadu in the subordinate posts. The petitioners were promoted as Managers and the next avenue of promotion is to the post of Assistant General Manager. The Government issued the impugned Government Order incorporating the post of Assistant General Manager under Common Cadre Service, in exercise of the powers conferred on the Government under Section 75 of the Tamil Nadu Cooperative Societies Act, 1983 (for short, “the Act”).

4. The inclusion of the post of Assistant General Manager into Common Cadre Service caused prejudice to the promotional opportunities of the writ petitioners for securing promotion to the post of Assistant General Manager, since the State-wise seniority list of Managers is notified for grant of promotion to the post of Assistant General Manager. Thus the writ petitions came to be instituted challenging the amendment and/or inclusion of the post of Assistant General Manager in Common Cadre Service.

5. The learned Senior Counsel Mr.V.Prakash appearing on behalf of the petitioners in W.P.No.16132 of 2024 would mainly contend that an employee, who entered into the services of one central cooperative bank, is deprived of his length of service in his parent bank, in view of the amendment and the publication of the State-wise seniority list. For example, a junior employee, who was promoted to the post of Manager in one central cooperative bank, may overlook another senior employee, who was promoted to the post of Manager in another central cooperative bank. Therefore, the senior employees who were promoted as Managers, on account of non-availability of vacancy in the post of Assistant General Manager in their parent banks, are deprived of their further promotions to the posts of Assistant General Manager and General Manager, on account of inclusion of the post of Assistant General Manager in Common Cadre Service. The learned Senior Counsel further contended that merit assessment has