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Judgment
G. Rajasuria, J.—This writ petition has been filed to call for the records of the impugned order dated 21.01.2008 in Na.Ka. No. 169/2006 on the file of the fourth respondent, quash the same and direct fourth respondent to promote the petitioner as Sanitary Supervisor in Aravakurichi Town Panchayat, in which the petitioner has been officiating since 2003.
Heard the learned Counsel for the petitioner, Mr. D. Sasikumar, learned Government Advocate, appearing for the respondents 1 to 4 and also Mr. F. Deepak, learned Counsel appearing for the fifth respondent.
A re ''sume'' of facts which are absolutely necessary and germane for the disposal of this writ petition would run thus:
The petitioner is working as watchman in Aravakurichi Town Panchayat for a pretty long time. However, he has not been promoted to the post of Sanitary Maistry, even though, his junior, fifth respondent was promoted to the post of Sanitary Maistry.
Placing reliance on the counter filed by the fourth respondent and also the Service Rules, the learned Government Advocate would develop his arguments to the effect that the case of the fifth respondent is entirely different from the case of the petitioner as the fifth respondent was working as Sanitary Worker and he was promoted as Sanitary Maistry as he was in the feeder post, to the post of Sanitary Maistry; but watchman post is not the feeder post to the post of Sanitary Maistry.
Hence, it is just and necessary to look into the Service Rules concerned. An excerpt from the Tamil Nadu Town Panchayat Establishment Rules relating to these posts is extracted here under for ready reference:
Constitution: The service shall consist following categories of servant namely:
Class-I-Category-I-Office Assistants in office.
Class-II-Category-1-Public Health Maistries or Sanitory Maistries.
Category-2-Public Health Workers or Sanitory
Workers or Scavengers or Sweepers of Thottis.
Class-III-Gardener, Watchman, Waterman-cum Gardener, Waterman-cum- Watchman turn cock.
A bare perusal of it would reveal that the petitioner is coming under Class - III undoubtedly and there is no contra opinion on it. The post ''Sanitary Maistry'' is shown as Category I in Class II. For such Category I in Class II posts, the feeder post is Category - II in Class - II posts. Hence, the contention of the petitioner is not tenable.
The learned Counsel for the petitioner would make an extempore submission that the Government Policy is that an individual during his tenure, should get at least two promotion and here for the petitioner and the persons like him, there is no avenue of promotions shown at all in the Service Rules. Certainly, the grievance of the petitioner deserves to be considered. Hence, while dismissing this writ petition, I would observe that the petitioner is at liberty to approach his employer concerned with a representation that certain avenues of promotions as per Government Policies, should be made for him and thereupon the authority shall consider it in letter and spirit with the Government policy for providing promotion to the petitioner. No costs. Consequently, connected Miscellaneous Petitions are dismissed.