Madras High Court
C.Raj vs The Commissioner on 11 September, 2025
W.P.(MD) No.16908 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 06.08.2025
Pronounced On : 11.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.16908 of 2016
and
W.M.P. (MD) Nos.12267 & 12268 of 2016
C.Raj,
S/o. Chithiravel,
Door No.59, Ponnagaram,
Ramanathapuram District. ... Petitioner
Vs.
1.The Commissioner,
Keezhakkarai Municipality,
Ramanathapuram District.
2.M.Thirumurugadas,
S/o. Muniyandi,
Samathuvapuram,
Thondi Bye-pass Road,
Sivagangai District.
3.S. Haja Ravuther,
Sheik Dawood Salai Street,
Keezhakkarai,
Ramanathapuram District. ... Respondents
PRAYER in W.P.:
To issue a Writ of Certiorarified Mandamus or any other
appropriate writ or order or direction in the nature of writ calling for the
records pertaining to the impugned order passed by the 1st respondent in
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W.P.(MD) No.16908 of 2016
Na.Ka.No.2613/2014/Cl dated 03.03.2016, quash the same and direct the
1st respondent to promote the petitioner as a Driver and Sanitary
Supervisor in the 1st respondent Municipality within the time stipulated
by this Hon’ble Court and pass such further or other orders, as this
Hon’ble Court may deems fit and proper in the circumstances of the case
thus render justice.
PRAYER IN W.M.P.(MD) No.12267 of 2016:
To dispense with the production of the impugned order passed by
the 1st respondent in Na.Ka.No.2613/2014/Cl, dated 03.03.2016 and pass
such further or other orders, as this Hon’ble Court may deems fit and
proper in the circumstances of the case thus render justice.
PRAYER IN W.M.P.(MD) No.12268 of 2016:
To grant an order of interim direction directing the 1st respondent
to keep one post vacant in the category of Driver and Sanitary Supervisor
for the petitioner, pending disposal of the above writ petition and pass
such further or other orders, as this Hon’ble Court may deems fit and
proper in the circumstances of the case thus render justice.
APPEARANCE OF PARTIES:
For Petitioner : Mr. G.Ram Prakash, Advocate
for Mr.M.P.Senthil, Advocate
For Respondents : Mr.K.Saravanan, Advocate for R1
: Mr.G.Thalaimutharasu, Advocate for R2
: Mr.K.Radhakrishnan, Advocate for R3
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W.P.(MD) No.16908 of 2016
JUDGMENT
Heard.
2. The Petitioner has challenged the order issued by the 1st
Respondent, Keezhakkarai Municipality, represented by its
Commissioner, through which the 2nd Respondent, Thirumurugadas, was
appointed to the post of Tractor Driver. When the Writ Petition came up
for admission on 07.09.2016, notice was ordered to the Respondents, and
the Court directed that one post of Sanitary Supervisor be kept vacant
until the disposal of the Writ Petition.
3. Upon issuance of notice by this Court, the 1st Respondent filed
a counter affidavit explaining the reasons for not selecting the Petitioner.
In paragraphs 6 and 7 of the said affidavit, the grounds for the
Petitioner’s non-selection have been specifically set out as follows:
“6.I submit that, the Petitioner herein filed the writ
petition by suppressing the real facts, that since the
petitioner has submitted a letter on 10-04-2015 by
expressing his unwillingness, due to his ill health, the
selection process was started by the 1st respondent by
excluding the Petitioner. Because the vacant post cannot
be kept for a long time till the petitioner has given his
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willingness and consent for the existing vacant post.
Further even though the petitioner is working in the office
continuously till the appointment of the 2nd 3rd
respondents on 30-03-2016 by seeing the selection
process with his full knowledge, he never made any
demand submitted to the first respondent or any
expression or any protest in the matter of appointment as
a right.
7. I submit that as admitted by the petitioner, he
was originally appointed as a Sanitary Worker on
12.02.2014 at Thindivanam Municipality and then on his
request he got his transfer order to the 1st Respondent
Municipality on 27.02.2015 and jointed as a Sanitary
Worker on 30.3.2015. Now he is working as Sanitary
Worker. In the above circumstances even though the
petitioner was joined as a sanitary worker in the 1 st
Respondent office only on 30.03.2015, the Petitioner was
asked to express his willingness for the existing vacant
post of tractor driver in the sanitary division. But, since
the petitioner has given a letter in writing on 10-04-2015
to the 1st Respondent by Expressing his unwillingness for
the post in which, the 2nd Respondent was appointed as
per rules and guidelines. In such circumstances even after
knowing all the above said facts, with an intension to
disturb the administrative process, the petitioner has sent
the impugned representation to the 1st Respondent seeking
for the post of 2nd Respondent after passing of a period of
4 months ending of the appointment process of 2 & 3 is
unenforceable, illegal, and against the principles of
Natural Justice. Hence the claim is infructuous liable to
the rejected.”
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4. The learned counsel for the Petitioner relied upon the judgment
of the Hon’ble Supreme Court in Tamil Nadu Medical Services
Corporation Limited v. Tamil Nadu Medical Services Corporation
Employees Welfare Union, reported in 2024 INSC 446, to contend that
the provisions of the Permanent Status Act are applicable to the
Respondent Municipality, as even a Government-owned company was
held to be covered under the said Act. However, in the present case, it
has been rightly pointed out that when the Petitioner was offered
promotion to the post of Driver against a vacant position, he declined the
offer citing ill health and unwillingness.
5. Secondly, the Petitioner did not challenge the appointment of
the contesting Respondent, and the mere submission of representations
cannot lend validity to his contentions. In paragraph 9 of the counter
affidavit, it has been averred as follows:
“9…even though the petitioner is not willing for the
promotion at the time of said selection process and filed Writ
Petition belatedly, now accepted to work Temporarily as a
Tractor Driver in the 1st Respondent Municipality in the
Sanitary section instead of Sanitary worker as an alternative
work as per the Order in ROC.No.746/2016/H1 Dated
24-08-2016. When the post of Tractor Driver fell vacant in
the sanitary section, he will be given preference first, and
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hence the present petition may be dismissed as not
maintainable.”
6. In view of the foregoing discussion, no case has been made out.
Accordingly, the Writ Petition stands dismissed. The connected
Miscellaneous Petitions are closed. There shall be no order as to costs.
11.09.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
ay/LS
Copy to:
The Commissioner,
Keezhakkarai Municipality,
Ramanathapuram District.
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DR. A.D. MARIA CLETE, J.
LS
Pre-delivery Judgment made in
and
W.M.P. (MD) Nos.12267 & 12268 of 2016
11.09.2025
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