Is the State a single unit for appointment, promotion, transfer and discharge for all posts in the Tamil Nadu Municipal Service?
Coram: Justice S. M. Subramaniam · Justice Krishnaswamy Govindarajan
The State is a single unit for appointment, promotion, transfer and discharge for all posts in the Tamil Nadu Municipal Service.
Yes. Under r.206 of the Tamil Nadu Urban Local Bodies Rules, 2023 the State is a single unit for appointment, promotion, reversion, transfer and discharge for all the posts in the Tamil Nadu Municipal Service. Sub-rule (5) of r.192A provides that the order of rotation in which such posts may be filled from the feeder categories shall be in such manner as may be ordered by the Government from time to time, and it is in exercise of that power that the ratio for promotion was fixed.
Tamil Nadu Urban Local Bodies Act, 1998 — s.198 — Tamil Nadu Urban Local Bodies Rules, 2023 — r.192A(5) — r.202 — r.205 — r.206 — Constitution of India — Art.14 — Inter-se seniority — Ratio and rotation for promotion — Tamil Nadu Urban Local Bodies Rules, 2023 — r.206 — r.192A(5) — State as a single unit — Held: The State is a single unit for appointment, promotion, reversion, transfer and discharge for all posts in the Tamil Nadu Municipal Service, and the Government may order the rotation in which such posts are filled from the feeder categories. (¶18, 21) Constitution of India — Art.14 — Validity of a rule — Hardship of a few — Held further: There is a presumption of constitutionality and the burden lies on the challenger. Hardship of a few cannot be the basis for determining the validity of a statute or rule, so a ratio fixed to remove inequality in promotion is not infirm. (¶30, 32) Service law — Promotion — Right of consideration — Held further: Promotion per se is not a vested right, but consideration for promotion is a fundamental right, and all promotions must be granted strictly in accordance with the Rules and the policy applicable to the posts. Validity of the Government Order upheld; directions issued. (¶37, 39)
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