J.Gangatharan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR 1 J.GANGATHARAN 2 K. KALAIVANI 3 P. MONICA FLORA 4 T.R. ALARMELUMANGAI 5 S. MANIKANDAN 6 B. SARASWATHI 7 A. AFTHAB BEGUM 8 E. PRIYA 9 R. SAGITHYALAKSHMI 10 S. VASANTHAKUMARI 11 N. AAKASH 12 R. GOPI 13 S. MURALI KUMAR 14 G. SUBASHINI 15 E. RAVIKUMAR 16 T.K. RAMAKRISHNAN 17 GIRIJA 18 D. SUVARNA 19 D. BHARATHI 20 R. KARTHIK 21 T. RUBINI 22 S. CHITRA 23 S. SARAVANAN 24 M. PADMAPRIYA 25 S. KANIMOZHI 26 M. JAIGANESH 27 J. SURESH KUMAR 28 Y. RAGHAVENDRAN 29 S. SHANMUGAM 30 B. S. MANOHAR 31 N. KUMARESAN ..
PETITIONERS
Vs 1 THE STATE OF TAMIL NADU REP.BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST. GEORGE CHENNAI 600 009 2 THE COMMISSIONER GREATER CHENNAI CORPORATION RIPON BUILDINGS CHENNAI 600 003 3 THE ASSISTANT COMMISSIONER (GENERAL ADMINISTRATION AND PERSONNEL) GREATER CHENNAI CORPORATION RIPON BUILDINGS CHENNAI 600 003 ..
RESPONDENTS Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, to declare the Urban Local Bodies Employees' Service Conditions dealt in Chapter V of the Tamil Nadu Urban Local Bodies Rules 2023 as illegal, unconstitutional and arbitrary particularly the Rule 210 and 211, excluding the Class-IV employees working as Road Worker, Park Employee, Labourer, Female Attender, Sanitary Cleaner etc., appointed on Compassionate basis as per the Chennai City Municipal Corporation Act 1919 in the Classification of posts in PartIII, Chapter V of the Tamil Nadu Urban Local Bodies Rules 2023 is discriminative, against the Rules of natural justice and violative of Article 14 of the Constitution of India and further for a consequential direction directing the respondents to forthwith prepare the panel by including and promote the Petitioners to the post of Junior Assistant, Typist etc., without giving effect to the Tamil Nadu Urban Local Bodies Rules 2023. For Petitioners ::
Mr.K.Ramachandran For Respondents ::
Mr.C.Selvaraj Additional Government Pleader for R1
Ms.P.T.Ramadevi Standing Counsel for R2 & R3
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) W.M.P.No.25346 of 2024 seeking to permit the petitioners to file a single writ petition stands ordered on payment of separate Court fee.
2. The writ petition has been instituted to declare the Urban Local Bodies Employees' Service Conditions dealt in Chapter V of the Tamil Nadu Urban Local Bodies Rules 2023, particularly Rules 210 and 211, as illegal, unconstitutional and arbitrary, mainly on the ground that no promotional avenues have been provided to the Class IV employees (Basic Service) working in the Greater Chennai Corporation.
2. With reference to the grievances, the learned Standing Counsel appearing on behalf of the Greater Chennai Corporation would submit that the grievances of the petitioners are redressed and the Rules have been amended by the Government. In this regard, the learned Standing Counsel
furnished a copy of the amendment made to the Tamil Nadu Urban Local Bodies Rules, 2023.
3. The Rules were notified and published in the Tamil Nadu Government Gazette on 4th March, 2025. As per the amendment, the details of posts in Municipal Corporations have been shown in Annexure-I including the posts in which the petitioners are working. Thus the case of the petitioners are to be considered for promotion in the order of seniority and with reference to the rules in force. With this observation, the writ petition stands disposed of. Consequently, W.M.P.No.25347 of 2024 is closed. No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.) 26.03.2025 ss To 1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT FORT ST. GEORGE CHENNAI 600 009
2 THE COMMISSIONER GREATER CHENNAI CORPORATION RIPON BUILDINGS CHENNAI 600 003 3 THE ASSISTANT COMMISSIONER (GENERAL ADMINISTRATION AND PERSONNEL) GREATER CHENNAI CORPORATION RIPON BUILDINGS CHENNAI 600 003
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss 26.03.2025