ORDER

Challenge in this writ petition is to the Government Letter No.6287/ME.I/2002-02 dated 23.09.2002 in confirming G.O.4D.No.4, Municipal Administration and Water Supply (M.E.I) Department dated 26.08.1997, issued by the Secretary to Government, M.A.W.S. Department, quash the same and direct the respondents 1 and 2 herein to refix the seniority of the petitioners in the category of Municipal Commissioner, Grade III as per Rule 2(c) of the Tamil Nadu Municipal Commissioner Subordinate Service as has been done in the previous years and consequently rearrange the upgradation list of Municipal Commissioner Grade II issued in G.O.Ms.No.221, Municipal Administration and Water Supply (M.E.I) Department dated 28.09.1999 in accordance with the refixation to be ordered with consequential service benefits such as notional promotion to the petitioners herein to the next higher cadres and postings on par with their juniors as per the revised seniority list to be prepared with all monetary benefits accrued thereon and disburse all the arrears within a short date that may be fixed by this Court.

2. The entire facts of the case, briefly narrated, are as follows:

2.1. The petitioners have initially filed Original Application before the Tamil Nadu Administrative Tribunal in O.A.No.3214 of 2003, challenging the fixation of their seniority. Consequent to the abolition of the Hon’ble Tamil Nadu Administrative Tribunal the O.A has been transferred and numbered as the present Writ Petition and the same is being considered for its final disposal.

2.2. The case of the petitioners is that they were directly recruited as Municipal Commissioner Grade III, which was later upgraded as Municipal Commissioner Grade II. The post of Municipal Commissioner Grade III is the entry level post and it is governed by the Tamil Nadu Commissioners Subordinate Service which is otherwise called as the Special Rules governing the service. Rule 2 of the Special Rules prescribes the method of appointment. Two methods of appointment have been set out in the Special Rules to fill up the post of Municipal Commissioner Grade III. They are, (1) By way of Direct Recruitment and (2) By way of Recruitment by Transfer.

2.3. The Special Rules further contemplates that there are two sources of recruitment to the category of Direct Recruitment, namely Rule 2(a)(1) and Rule 2(a)(2). All the candidates under this category of direct recruitment have to participate in the process of selection conducted by the TNPSC. As far as Rule 2(a)(1) is concerned, it enables in-service candidates to participate in the TNPSC Selection.

The in-service candidates are from, (a)Managers of the Municipal Officers which comes under Rule

2(a)(1)(i);

(b)Accountants and Revenue Officers of the First Grade Municipalities which comes under Rule 2(a)(1)(ii) ;

(c)Managers of Township Committee which comes under Rule

2(a)(1) (iii).

Thus the above three in-service candidates as in Rule 2(a) (1) of the Special Rules have to participate in the TNPSC Selection, if they want to become Municipal Commissioner Grade – ΙΙΙ.

2.4. The other method of Direct Recruitment is defined in Rule

2(a)(2) of the Special Rules, namely Open Competition (Graduates). Any Graduates from open category can participate in the TNPSC examination and get selected in this method. Thus the above Rule 2(a)(1) and Rule 2 (a) (2) category of candidates alone have to write the TNPSC examination to get selected as Municipal Commissioner Grade III.

2.5. The second method of appointment to the post of Municipal Commissioner Grade III is governed by Rule 2 (b) of the Special Rules which contemplates the method of“ Recruitment by Transfer”. As far as Rule2(b) category is concerned, it also enables a set of in-service candidates to be appointed as Municipal Commissioner Grade ΙΙΙ based on their seniority without examination. In Rule 2(b) there are three sources who will be considered for appointment by way of recruitment by transfer. They are Rule 2(b)(i) Executive Offi