K.Sadasivam v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2025 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)Nos.7232, 8240, 7949 of 2024 & 3751 of 2025 W.A(MD)No.999 of 2024:
1.K.Sadasivam 2.S.Usharani 3.M.Muthumalini 4.R.Deepa Rathi 5.M.Maheswari 6.J.Rajeswari ... Appellants 1 to 6 / Respondents 7 to 9, Respondents 19 to 21 Vs.
1.The Commissioner, Madurai Municipal Corporation, Madurai.
... 1st Respondent / 1st Respondent 1/16
2.K.Babu 3.M.S.K.Pandiarajan 4.C.Sundarajan 5.A.Palanichamy 6.S.Rajagopal 7.S.Srinivasan 8.V.Karthikeyan 9.P.Mariammal 10.P.Meenambal 11.K.Selvaraj 12.D.Pitchaimani 13.B.Saravanan 14.R.Kathiresan 15.L.Asai Thambi 16.M.Sankar 17.M.Mugunthan 18.M.Senthilkumar 19.A.Chakkaravarthi 20.K.Abirami 2/16
21.P.Rajendran 22.M.Muthulakshmi 23.G.Navaneetha Krishnan 24.K.Arumugam ... Respondents 2 to 24 / Petitioners 1 to 23 25.Sulthan Ameer 26.T.Jeyaraman 27.V.Arjunan 28.K.Venkatesan 29.D.Selvaraj ... Respondents 25 to 29 / Respondents 2 to 6 30.M.Kannan 31.R.V.Kumaran Babu 32.M.Manimegalai 33.S.V.S.Ramachandran 34.M.Muthukani Eswaran 35.C.Nagarajan 36.S.Chinnachamy 37.M.Thangapandi 3/16
38.E.Vanapetchi ... Respondents 30 to 38 / Respondents 10 to 18 39.R.Selvi 40.T.Karthick 41.J.Merlin Joyes 42.V.Arockiya Jeyanthi 43.P.Baskaran 44.T.Raman 45.R.Latha 46.S.Kalieswari 47.B.Sargunam 48.S.Saraswathi 49.J.Mohanalakshmi 50.M.Rajkumar 51.S.Raja Mohammed 52.A.Muthumari 53.P.Hemalatha 54.A.Alagulakshmi 55.F.Asha 4/16
56.P.Venisha Anthoni Jothi ... Respondents 39 to 56 / Respondents 22 to 39 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 08.06.2023 made in the writ petition in W.P(MD)No.21896 of 2018.
For Appellants : Mr.S.Ramsundarvijayraj For Respondents : Mr.S.Vinayak Standing Counsel for R.1 Mr.B.Saravanan Senior Counsel for Mr.V.Balamurugan for R.2 to R17 & R.20 to R.24 Mr.Issac Mohanlal Senior Advocate for R.33, R.41, R.45 to 47, R.49, R.50, R.52, R.53 to R.55 W.A(MD)No.1092 of 2024:
The Commissioner, Madurai Municipal Corporation, Madurai.
... Appellant / 1st Respondent Vs 1.K.Babu 2.M.S.K.Pandiarajan 5/16
3.C.Sundarajan 4.A.Palanichamy 5.S.Rajagopal 6.S.Srinivasan 7.V.Karthikeyan 8.P.Mariammal 9.P.Meenambal 10.K.Selvaraj 11.D.Pitchaimani 12.B.Saravanan 13.R.Kathiresan 14.L.Asai Thambi 15.M.Sankar 16.M.Mugunthan 17.M.Senthilkumar 18.A.Chakkaravarthi 19.K.Abirami 20.P.Rajendran 21.M.Muthulakshmi 6/16
22.G.Navaneetha Krishnan 23.K.Arumugam ... Respondents 1 to 23 / Writ Petitioners 1 to 23 24.Sulthan Ameer 25.T.Jeyaraman 26.V.Arjunan 27.K.Venkatesan 28.D.Selvaraj 29.K.Sadasivam 30.S.Usharani 31.M.Muthumalini 32.M.Kannan 33.R.V.Kumaran Babu 34.Manimegalai 35.S.V.S.Ramachandran 36.M.Muthukani Eswaran 37.C.Nagarajan 38.S.Chinnachamy 39.M.Thangapandi 40.E.Vanapechi 7/16
41.R.Deepa Rathi 42.M.Maheswari 43.J.Rajeswari 44.R.Selvi 45.T.Karthick 46.J.Merlin Joyes 47.V.Arockiya Jeyanthi 48.P.Baskaran 49.T.Raman 50.R.Latha 51.S.Kalieswari 52.B.Sargunam 53.S.Saraswathi 54.J.Mohanalakshmi 55.M.Rajkumar 56.S.Raja Mohamed 57.A.Muthumari 58.P.Hemalatha 59.A.Alagulakshmi 8/16
60.F.Asha 61.P.Venisha Anthoni Jothi ... Respondents 24 to 61 / Respondents 2 to 39 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 08.06.2023 made in the writ petition in W.P(MD)No.21896 of 2018 and allow the Writ Appeal. For Appellants : Mr.S.Vinayak For Respondents : Mr.B.Saravanan Senior Counsel for Mr.V.Balamurugan for R.1 to R16 & R.19 to R.23 Mr.Issac Mohanlal Senior Advocate for R.35, R.46, R.48, R.50 to R.52, R.54, R.55, R.57 to R.60 COMMON JUDGMENT Heard both sides.
2.The petitioners in W.P(MD)No.21896 of 2018 are working as Tax Collectors in the Madurai Corporation. They challenge the seniority list dated 20.09.2018 issued by the Commissioner, Madurai Corporation. According to them, their seniority ought to have been reckoned from 9/16
01.03.2008 and not from 29.01.2015. The petitioners in W.P(MD)No. 857 of 2019 were holding the post of Junior Assistant in Madurai Corporation. They were promoted to the post of Assistant and subsequently vide order dated 03.01.2019 they were reverted to the post of Junior Assistant. The reversion order was put to challenge in W.P(MD)No.857 of 2019. Both the writ petitions were taken up together. W.P(MD)No.21896 of 2018 was allowed while in W.P(MD)No. 857 of 2019 the reversion order was sustained. 3.The learned Senior Counsel for the contesting parties as well as the learned Standing Counsel for the Madurai Corporation reiterated their respective contentions.
4.Assailing the common order dated 08.06.2023 whereby both the writ petitions were disposed of, these Writ Appeals have been filed. Except three, the remaining petitioners in W.P(MD)No.21896 of 2018 joined Madurai Corporation as unskilled workers. K.Babu, M.S.K.Pandiarajan and C.Sundarajan (petitioners 1 to 3 in W.P(MD)No. 21896 of 2018) joined Madurai Corporation as record clerks. All of them 10/16
were appointed as Conservancy Inspectors by the Commissioner of Madurai Corporation vide proceedings dated 03.08.2005 and 06.09.2006. The post of Conservancy Inspector falls under category 4 in group III of Tamil Nadu Municipal Corporations General Subordinate Service. Group III comprises the following categories: GROUP III Category 1 - Junior Assitant-cum-Typist Category 2 - Steno Typist Category 3 - Tax Collector Category 4 - Conservancy Inspector The manner of appointment to the said posts is set out in the following table:
Junior Assistant-cum-Typist - (i) By direct recruitment; and (ii) By promotion from the holders of the posts in category (1) in Group IV and in categories (1) and (3) in Group V of this service.
...
Conservancy Inspector - By transfer from the holders of the post of Junior Assistant - cum - Typist 5.A bare reading of the aforesaid Rule shows that the post of Junior Assistant cum Typist can be filled either by direct recruitment or 11/16
by promotion from the holders of the posts in category 1 in Group IV and in categories 1 and 3 in Group V. On the other hand, the post of Conservancy Inspector can be filled up by transfer from the post of Junior Assistant cum Typist. In our view, while there can be migration from the post of Junior Assistant cum Typist to the post of Conservancy Inspector, the post of Junior Assistant cum Typist cannot be filled by a Conservancy Inspector even by transfer of service. The same principles applies in the case of a Tax Collector also. We therefore unable to concur with the view taken vide order dated 26.04.2013 in W.P(MD)No.6403 of 2006 that all the four categories of post in Group III are interchangeable. 6.Except K.Babu, M.S.K.Pandiarajan and C.Sundarajan, the other petitioners in W.P(MD)No.
21896 of 2018 were reverted on deemed basis to the post of Record Clerk and posted as a Tax Collectors vide proceedings dated 24.01.2015. While preparing the seniority list, their seniority was reckoned with effect from 06.02.2015 and not with effect from 01.03.2008. To this effect, proceedings dated 20.09.2018 were issued by the Commissioner of Madurai Corporation.
7.When the aforesaid petitioners were appointed as Conservancy Inspectors on a substantive basis with effect from 01.03.2008, obviously their seniority must be reckoned only from the said date and not from any subsequent date. The mistake committed by the Madurai Corporation is bunching all the 4 categories together in a single combined seniority list. The fault lies not with the Commissioner of Madurai Corporation but in ruling rendered by this Court in W.P(MD)No.21896 of 2018. Since we have already held that such a view is untenable, we direct the Commissioner, Madurai Corporation to prepare separate seniority lists for each of the categories in Group III of Tamil Nadu Municipal Corporations General Subordinate Services. This shall be done as expeditiously as possible.
9.It is seen that the interim order was granted in W.P(MD)No. 21896 of 2018 on 25.10.2018. It reads as follows: "The respondents are directed to promote the persons as per impugned order, but however taking into account, the appointment date of the petitioners as stated in Column No.10 of proceedings dated 29.01.2015. Notice returnable by 22.11.2018. Private notice also permitted. 13/16
Batta to be filed and despatched within five days, failing which, interim order will stand automatically vacated without reference to this Court. "
10.In violation of the said interim order, promotion was granted in favour of the petitioners in W.P(MD)No.857 of 2019. When an interim order granted by this Court or by any Court is holding the field, no executive authority can be allowed to act in contravention of the same. Therefore, when a contempt petition was filed to undo the mischief earlier committed by them, the reversion order dated 20.09.2018 was issued. The learned single Judge rightly sustained the reversion order. We do not find any ground to reverse the said order. 11.Since the issue of promotion to the post of Assistant has been prominently raised in the said writ petition, we have to clarify that the authority is obliged to scrupulously follow the relevant service rules.
It is seen that the post of Assistant is to be filled up by way of direct recruitment or by promotion from the holders of the post of Junior Assistant cum Typist. Neither the post of Conservancy Inspector nor the post of Tax Collector is figuring as a feeder grade.
same. The order of the learned single Judge is interfered with to the extent mentioned above.
12.These Writ Appeals and C.M.P(MD)No.7949 of 2024 are disposed of accordingly. No costs. Consequently, C.M.P(MD)Nos.7232, 8240 & 3751 of 2025 are closed.
[G.R.S., J.] [K.R.S., J.] 06.08.2025 Internet : Yes/No Index : Yes/No NCC : Yes/No MGA/skm To The Commissioner, Madurai Municipal Corporation, Madurai.
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G.R.SWAMINATHAN, J and K.RAJASEKAR, J.
MGA/SKM 06.08.2025 16/16