The Madras High Court stated that the court cannot take over the role of the executive and give orders for promotions that would affect others in the same position who are also waiting for promotion.
The Madras High Court stated that it cannot take the place of the Executive to order a promotion that would bypass others in similar situations who are also waiting for promotion. The Court supported the Single Bench’s decision to revert the appellant from the role of Sanitary Supervisor back to Water Supply Pump Operator. It noted that the appellant did not meet the qualifications for promotion to Sanitary Supervisor according to the Tamil Nadu Town Panchayat Establishment (Qualification and Recruitment of Office Assistants) Rules, 1988. Justices C.V. Karthikeyan and R. Poornima mentioned, “If a vacancy for Junior Assistant arises and the appellant is qualified, there is no reason for the officials to deny him that chance. However, as of now, that opportunity has not come up. The Court cannot replace the Executive to promote the appellant while ignoring others in similar positions who are also waiting for promotion. All must be considered based on the vacancies that arise.”
Advocate A. Maheswaran represented the appellant, while Additional Advocate General Veerakathiravan stood for the respondents. The appellant joined the Town Panchayat Services in 1987, and his services were regularized in 2006. He argued that he was properly promoted to Sanitary Supervisor from his role as Water Pump Operator but was wrongly reverted to his previous position. The respondents countered that the promotion was a mistake and that he was rightfully returned to his original role. They noted that others in similar situations were also reverted. The High Court acknowledged the appellant’s claim that every government employee should have a chance for promotion and should not face stagnation in their career.
Despite the appellant’s request for a promotion due to his long tenure, the Court remarked, “However, we must also consider those who are waiting for promotion and are eligible based on their actual positions. The only promotion available for the appellant is to Junior Assistant, and he cannot be promoted without considering the qualifications of his seniors. Promotions must follow seniority.” As a result, the Court concluded, “We regret that we cannot change the decision of the learned Single Judge. The learned Single Judge rightly noted that the appellant’s current position does not qualify for promotion to Sanitary Supervisor/Sanitary Maistry. Given this undeniable fact, we must dismiss the appellant’s appeal.”
Cause Title: M. Palanisamy v. The Director of Town Panchayats & Ors. (Neutral Citation: 2024:MHC:3620)
Appearance:
Appellant: Advocates A. Maheswaran and R. Kathiresa Perumal
Respondents: Additional Advocate General Veerakathiravan; Advocates M. Senthil Ayyanar and AN.Ramanathan
