IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON: 25.01.2022

DELIVERED ON: 16.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

W.P.No.19948 of 2007

1.V.P.Thandapani

2.M.Seeni Ajmalkhan

... Petitioners

Vs.

1. The Secretary to Government,

Municipal Administration and Water Supply

(M.E.I) Department,

Fort St.George, Chennai-600 009.

2. The Secretary to Government,

Personnel and Administrative Reforms Department,

Fort St.George, Chennai-600 009.

3. The Director of Municipal Administration,

Chepauk, Chennai-600 005.

4. N.Rajasekaran Nair,

Municipal Commissioner,

Dindigul Municipality, Dindigul.

5. S.Ramasamy,

Municipal Commissioner,

Tuticorin Municipality, Tuticorin.

6. G.Sivagnanam,

Municipal Commissioner,

Avadi, Chennai.

... Respondents

(Sl.No.4,5,6 for themselves and representing the other Municipal

Commissioners appointed by way of transfer from the categories

of (1) Assistant section officer (Secretariat) (2).

Superintendent from the directorate of Municipal Administration

and (3) Executive officer from (Town Panchayats) respectively in

the seniority list of Municipal commissioner Gr.III Published in

G.O.(4D) No.4 M.A.W.S. Department dated 26/08/1997 in a

representative capacity.

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Prayer: Writ petition filed under Article 226 of the

Constitution of India seeking to issue a Writ of Certiorari

Mandamus to call for the records relating to (1) Government

Letter No.6287/ME.I/2002-02 dated 23.09.2002 in confirming (2)

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

applicants 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

applicants 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.

For Petitioner

: Mr.K.Rajkumar

For Respondents

: Mr.R.Neelakandan,

Additional Advocate General

assisted by

Mr.C.Selvaraj,

Additional Government Pleader

for R1 to R3

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

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that may be