IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

and

W.M.P. No.5243 of 2024

A.Amalraj

S/o.Arockiyasamy,

No.96-1, Karunanidhi Nagar,

Sowripalayam, Coimbatore-641 028.

Petitioner(s)

Vs

1.The Government of Tamil Nadu, Rep. by the Principal Secretary to

Government of Tamil Nadu,

Municipal Administration and Water Supply

Department, Fort St.George, Chennai- 09.

2.The Director of Municipal Administration

No.75, Santhome High Road,

M.R.C. Nagar, Raja Annamalaipuram,

Chennai-028.

3.The Commissioner,

Coimbatore Municipal Corporation,

Coimbatore-01.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the 1^st respondent in Letter No.9009/Ma na.4/2023-3 dated 24.01.2024 and quash the same and consequently direct the 1^st and 2^nd respondents to give promotion to the petitioner to the post of Assistant

Commissioner (Revenue), in Coimbatore Municipal Corporation, in same manner as other persons who had been holding the posts of Sanitary Inspector and Council Secretary and who had been promoted as Assistant Commissioner in other Municipal Corporations by way of relaxing the rule.

For Petitioner(s) : Mr.Durai Gunasekaran For Respondent(s) : Mr.V.Veluchamy Additional Government Pleader

ORDER

The present writ petition has been filed challenging the order passed by the

1^st respondent in Letter No.9009/Ma na.4/2023-3 dated 24.01.2024 and quash the same and to consequently direct the 1^st and 2^nd respondents to give promotion to the petitioner to the post of Assistant Commissioner (Revenue), in Coimbatore Municipal Corporation, in same manner as other persons who had been holding the posts of Sanitary Inspector and Council Secretary and who had been promoted as Assistant Commissioner in other Municipal Corporations by way of relaxing the rule.

2. The learned counsel appearing for the petitioner would submit that the petitioner was appointed as a Health Assistant by the Coimbatore Municipal Corporation vide proceedings in R.O.C.No.23357/89/E-18 dated 07.11.1989. Thereafter, in the year 1990, the post of Health Assistant was merged with the post of Sanitary Inspector. It is further stated that the petitioner completed law degree in the year 2002 and pursuant to which the petitioner was promoted as Council Secretary on 27.10.2011. It is also stated that the petitioner was in full additional charge of Assistant Commissioner, South Zone, Coimbatore as per the order of the 3^rd respondent dated 18.06.2013 and later on the petitioner was transferred to North Zone of Coimbatore Municipal Corporation and he was in full additional in charge of Assistant Commissioner, North Zone. The petitioner at present is serving as Council Secretary in Erode Municipal Corporation from

30.08.2023, on deputation.

3. It is the case of the petitioner that one A.Devadoss, who is similarly placed as petitioner, entered into the service as Sanitary Inspector in Madurai Municipal Corporation, holding a B.L. Degree was promoted as Secretary to Council in Madurai Municipal Corporation and thereafter promoted as Assistant Commissioner by relaxing Rule 4 of the Tamil Nadu Municipal Corporation General Service Rule, 1996. Similarly, it is stated several Council Secretaries were promoted as Assistant Commissioner by relaxing the aforesaid rule, however, the same was not extended to the petitioner. Aggrieved by the same, the petitioner submitted a representation to the respondents to promote the petitioner in the post of Assistant Commissioner, however, the same was not considered. Therefore, the petitioner filed a writ petition before this Court in W.P.No.23865 of 2023, wherein this Court vide order dated 14.08.2023 issued a direction to the 3^rd respondent to consider the petitioner’s proposal and pass final orders therein.

Pursuant thereto, the impugned order was passed rejecting the petitioner’s request for promotion