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Madras High Court· 03 September 2026

Is the State a single unit for appointment, promotion, transfer and discharge for all posts in the Tamil Nadu Municipal Service?

T.JOTHIMURUGAN v. THE GOVERNMENT OF TAMIL NADU
WP.22887/2025 · 2026:MHC:3775 · WP NO. 22887 OF 2025
Coram: Justice S. M. Subramaniam · Justice Krishnaswamy Govindarajan
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Answer

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.

Headnote

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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In the Court's own words
Paragraph 18Rule 206 of the Rules, 2023 contemplates that “State shall be a single unit for appointment, promotion, reversion, transfer and discharge for all the posts in the Tamil Nadu Municipal Service.”
Paragraph 21As per Rule 205 of the Rules, 2023 Government is the appointing authority for the posts of Chief Engineer, Superintending Engineer, Executive Engineer and Assistant Executive Engineer. State shall be the single unit for appointment, promotion, transfer under Rule 206. Rule 192A is for fixation of seniority in order to follow rationale in fixation of inter-se seniority and equalize the promotional opportunities amongst the employees in the Town Panchayats, Municipal Councils and other Municipal Corporations including Greater Chennai Corporation included in the Tamil Nadu Municipal Service based on the sanctioned strength of posts being governed under the Tamil Nadu Municipal Service, which is a State common service.
Acts & Sections
s.198 Tamil Nadu Urban Local Bodies Act, 1998r.192A Tamil Nadu Urban Local Bodies Rules, 2023r.202 Tamil Nadu Urban Local Bodies Rules, 2023r.205 Tamil Nadu Urban Local Bodies Rules, 2023r.206 Tamil Nadu Urban Local Bodies Rules, 2023Art.14 Constitution of India

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Also decided in this judgment
Can the hardship of a few be a ground to invalidate a statute or a rule?Is consideration for promotion a fundamental right of every employee eligible under the applicable service rules?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections