The court emphasizes the application of the doctrine of equality in administrative transfers, mandating equal treatment for similarly situated employees.

Writ Petition filed under Article 226 of Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 3 to repatriate the petitioners from the 2^nd respondent's department (Municipal Administration) to their parent department namely, Town Panchayat (3^rd respondent) based on their willingness as well as the resolution dated 03.05.2023 passed by the 5^th respondent council applying the same yardsticks applied in the cases of ministerial staffs such as Junior Assistants Bill Collector vide G.O.Ms.No.137 Municipal Administration and Water Supply Department dated 03.10.2022 by applying doctrine of equality.

For Petitioner : Mr.P.I.Thirumoorthy For Respondents : Mr.M.Murali for R1 to R4.

Government Advocate Mr.R.U.Dinesh Rajkumar for R5 and R6 Additional Government Pleader

O R D E R

The petitioner has filed this Writ Petition seeking for an issuance of a Writ of Mandamus directing the respondents 1 to 3 to repatriate the petitioners from the 2^nd respondent's department (Municipal Administration) to their parent department namely, Town Panchayat (3^rd respondent) based on their willingness as well as the resolution dated 03.05.2023 passed by the 5^th respondent council applying the same yardsticks applied in the cases of ministerial staffs such as Junior Assistants Bill Collector vide G.O.Ms.No.137 Municipal Administration and Water Supply Department dated 03.10.2022 by applying doctrine of equality.

2. The brief facts of the case, as averred by the petitioner, are as follows:-

(i) The petitioners prior to the year 2021, were working for more than 20 years, as Water Supply Employees, Sweepers and Office Assistants in Edangannasalai Town Panchayat and hence the petitioners were kept under the control of Head of the Department, namely, Director of Town Panchayat/3^rd respondent. Since the petitioners were low paid employees, they had no promotional opportunities in Town Panchayats. Considering the Town Panchayat Last Grade Employees Associations including Record Clerk Association's continuous representations to the Government, in the year 1998, the Government of Tamilnadu came forward to consider the long pending grievance of Town Panchayat last grade employees and issued G.O.Ms.No.150 MAWSS Department dated 19.08.1998, granting 20% posts for promotion to the categories of Bill Collector and Junior Assistants by way of recruitment by transfer as per common seniority prepared by the Collector from the eligible last grade employees working in Town panchayats.

(ii) Pursuant to the said G.O., the 4^th respondent has prepared the combined seniority list of Vellore district till the year 2022, from among eligible last grade employees of Town Panchayat in which the petitioners were also included in the seniority list of Vellore district. Promotions have been awarded applying 20% quotas to the posts arisen till the year 2017. In the meanwhile, the Edangannasalai Town Panchayat was upgraded by the 1^st respondent as 3^rd Grade Municipality vide G.O.Ms.No.117 MAWSS Department dated 07.12.2021, hence the petitioners were made as municipal employees with effect from the year 2022 onwards. Though the petitioners are placed in rank nos.162, 210, 236 and 256 in the seniority list as on 01.01.2020 prepared by the 4^th respondent on 06.10.2020 vide his proceedings in Na.Ka.No.3223/2020/Phe2, the petitioners were excluded in the final common seniority list prepared by the 4^th respondent on 26.12.2022, on the ground that, the petitioners are municipal employees, thereby, the petitioners have lost the eligible promotional opportunities.

(ii) Hence the petitioners have preferred a representation to the 1^st respondent through the 5^th respondent seeking