Judgment:
Prayer
Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to regularise the petitioners as Skilled Assistant Grade I with effect from the date of promotion to the post of skilled Assistant Grade I as per the order of the first respondent passed in G.O.Ms.No.14 dated 08.03.2010 with all monetary and attendant benefits on the date of promotion.
ORDER
1. The petitioners are the Electricians in Skilled Assistant Grade II, Madurai Corporation. They have sought for a direction to regularise them as skilled Assistant Grade I as per the order in G.O.Ms.No.14 Municipal Administration and Water Supply Department dated 08.03.2010 with all monetary benefits.
2. The petitioner has sought for injunction in M.P.No.2 of 2010 restraining the Corporation from in any way regularizing the post of Skilled Assistant Grade I without following the seniority in the promotion to the post of Skilled Assistant Grade I (fitter/Electrician) and any way violating the order of the first respondent passed in G.O.14 Municipal Administration and water Supply Department dated 08.03.2010. While admitting the writ petition, an interim injunction was granted. The respondents 3 to 9, who are all Fitters in Skilled Assistant Grade II, got impleaded and has filed M.P.No.1 of 2011 seeking to vacate the interim injunction. According to them, G.O.14 is based on the resolution dated 08.11.2005 of the appointment committee of the Madurai Corporation and on 28.12.2005, the council approved the promotion and sent the same to the Government. According to the respondents 3 to 9, those resolutions pertain to promotion of Skilled Assistant Grade-II Fitters to skilled Assistant Grade-I Fitters.
3. The second respondent corporation filed a counter affidavit and have supported the stand of the respondents 3 to 9.
4. The learned counsel for the petitioners has sought to argue that there is a common seniority of skilled Assistant Grade II, i.e. according to him, fitters, electricians, Mechanics etc., in skilled Assistant Grade II are brought under common seniority and the promotion shall be given based on seniority. But the learned counsel for the Corporation has disputed the same. According to him, there is no common seniority and skilled Assistant Grade II in Fitters, electricians, works Inspector and Mechanics are separate categories and separate seniority is maintained.
5. It is submitted by the learned counsel for the Corporation that the appointment committee of the corporation as well as the Corporation Council passed a resolution only in respect of promotion to Fitters in Skilled Assistant Grade II to skilled Assistant grade I and the corporation is also taking steps to promote the other categories. It is stated that there are 71 posts in Skilled Assistant Grade I and the break up is given as follows:
Electrician - 27
Fitters - 28
Work Inspector - 8
Mechanics - 8
Out of 28 fitters, 22 are to be filled up pursuant to G.O.No.14. It is submitted by the learned counsel for the Corporation that a similar resolution would be passed in the case of electrician and other categories also.
6. The aforesaid facts make it clear that the petitioner could not ask for a direction as sought for in the writ petition. Therefore, the interim injunction is vacated and M.P.No.1 of 2011 is allowed and M.P.No.2 of 2010 is dismissed. The writ petition is disposed of directing the Corporation to pass appropriate resolution in respect of Electricians in skilled Assistant Grade II for promotion to skilled Assistant Grade-I within a period of two months and send the same within the said period of two months to the first respondent Government and the first respondent is directed to pass appropriate orders as passed in the case of Fitters in G.O.No.14 referred to above within a period of two months from the date of receipt of the copy of the resolution from the Corporation. No costs.