1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2011 CORAM: THE HONOURABLE MR. JUSTICE S.MANIKUMAR W.P.(MD)No.9366 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 T.Rajkumar ... Petitioner Vs. 1.The Secretary to the Government, Municipal Administration and Water Supply Department, Secretariat, Fort, St.George , Chennai. 2.The Commissioner, Commissionerate of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the Government Notification vide G.O.(Pa)No.541 Municipal Administration and Water Supply (Na.Pa.3) Department dated 21.12.2009 issued by the 1st respondent and quash the same and consequently direct the respondents to follow the rules contemplated in Tamil Nadu Municipal Town Planning Service Rules, 1970 in so far as the filling up of vacancies for the post of Town Planning Officer Grade II is concerned. For Petitioner : Mr.R.Anand For Respondents : Mr.B.Pugalenthi,Spl.G.P. O R D E R Mr.B.Pugalenthi, learned Special Government Pleader takes notice for the respondents. By consent, the Writ petition itself is taken up for final hearing. 2.The petitioner, aged about 42 years, an aspirant to the post of Town Planning Officer Grade II, has questioned the validity of the Government Notification vide G.O.(Pa)No.541 Municipal Administration and Water Supply (Na.Pa.3) Department, dated 21.12.2009 and quash the same and consequently, prayed for a direction to the respondents to follow the rules contemplated under Tamil Nadu Municipal Town Planning Service Rules, 1970 in so far as filling up of vacancies for the post of Town Planning Officer Grade II is concerned. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The petitioner, after completion of his graduation, B.E. degree, has registered his name in the Employment Exchange, Thanjavur. It is the case of the petitioner that as and when vacancy arise in the post of Building Inspector, as well as Town Planning Officer Grade-II in the 2nd respondent department, the same would be filled up through, two modes i.e., Direct Recruitment and by way of promotion. The appointment to the post of Town Planning Officer Grade-II, has to be made by considering the ratio of 1:3, between direct recruitment and promotion. It is the further case of the petitioner that by the impugned Government Order in G.O.(Pa)No.541 Municipal Administration and Water Supply (Na.Pa.3) Department, dated 21.12.2009, the above said post would be filled up only through promotion and not by direct recruitment, which is contrary to the Tamil Nadu Muncipal Town Planning Service Rule, 1970. The Secretary to Government, Municipal Administration and Water Supply Department, Chennai / 1st respondent herein, has relaxed the age limit for the promotees, so also to enable them in the interview, by passing the above said Government Order. According to the petitioner, the 1st respondent has no jurisdiction to pass such Government Order contrary to service rules, as it would affect the chances of candidates applying under direct recruitment. Hence, the petitioner has come forward with the present Writ petition to quash the Government Order in G.O.(Pa)No.541 Municipal Administration and Water Supply (Na.Pa.3) Department, dated 21.12.2009. 4.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents and perused the materials available on record. 5.Before adverting to the contentions raised by the petitioner, Rule 37 of the Tamil Nadu Municipal Town Planning Service Rules, 1970, which deals with relaxation, requires to be extracted here under: "37.Power to Relax Rules. Nothwithstanding anything contained in these rules or the special rules, the State Government shall have the power to deal with the case of any person or class of persons serving in a Municipal service or any candidate or class of candidates for appointment to such services in such manner as may appear to them to be just and equitable: Provided that where any such rule is applicable to the case of any person or class of persons, the case shall not be dealt with in any manner less favourable to him or them than that provided by that rule." https://hcservices.ecourts.gov.in/hcservices/ 3 6.Perusal of the impugned Government Order in G.O.(Pa) No.541 Municipal Administration and Water Supply (Na.Pa.3) Department, dated 21.12.2009 shows that, in order to fill up 12 vacancies of Town Planning Officer Grade-II, candidates, who were sponsored by the Employment Exchange, have not attended the interview. Thereafter, interview was conducted three times, out of which, only 7 candidates have joined duty and hence, 5 posts were not filled up, due to the above said reasons. 7.As per Rule 4, filling up of the post of Town Planning Officer Grade-II, 1:3 ratio has to be followed i.e. one post by way of direct recruitment and 3 posts by way of promotion. The educational qualification is B.E. / B.Tech degree and the maximum age limit is 30. Taking into consideration of the representations received from the persons, serving in Municipal Service, for relaxing the age so as to enable them to participate in the interview, for the post of Town Planning Officer Grade-II, the Municipal Commissioner, Chennai / 2nd respondent herein has addressed a letter vide Na.Ka.No.60972/2008/DP-1, dated 19.11.2009 to the Government seeking for relaxation of age. 8.In the above said letter, on account of vacancies in the post of Town Planning Officer Grade-II, the 2nd respondent has expressed the difficulties in execution of work relating to the departmental activities such as, land acquisition and other administrative works. 9.In such circumstances, the 2nd respondent has sought for relaxation of age in the appointment, to the post of Town Planning Officer, Grade-II, so as to enable the in-service persons, to be considered along with those sponsored by the Employment Exchange. Exercising powers under Rule 37 of the Tamil Nadu Municipal Town Planning Service Rules, 1970, the Government has issued orders in G.O.(Pa)No.541 Municipal Administration and Water Supply (Na.Pa.3) Department, dated 21.12.2009 relaxing the age and certain conditions, for appointment to the said post, so as to enable the in-service persons, to appear in the interview for the said post along with the candidates sponsored by the Employment Exchange. 10.Prescribing age, educational qualification, manner of appointment, etc., are purely the discretion of appointing authority / Government, administrative exigencies, difficulties, etc., purely pointed out in the impugned order. It is for the appointing authority / Government to exercise their discretion in the matter of appointment. Useful reference can be made to the decision of the Supreme Court in P.U.Joshi and others Vs. Accountant General, Ahmedabad reported in 2003(2) SCC 634. https://hcservices.ecourts.gov.in/hcservices/ 4 "10. ... Questions relating to the constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy is within the exclusive discretion and jurisdiction of the State, subject, of course, to the limitations or restrictions envisaged in the Constitution of India and it is not for the statutory tribunals, at any rate, to direct the Government to have a particular method of recruitment or eligibility criteria or avenues of promotion or impose itself by substituting its views for that of the State. Similarly, it is well open and within the competency of the State to change the rules relating to a service and alter or amend and vary by addition/substraction the qualifications, eligibility criteria and other conditions of service including avenues of promotion, from time to time, as the administrative exigencies may need or necessitate. Likewise, the State by appropriate rules is entitled to amalgamate departments or bifurcate departments into more and constitute different categories of posts or cadres by undertaking further classification, bifurcation or amalgamation as well as reconstitute and restructure the pattern and cadres/categories of service, as may be required from time to time by abolishing the existing cadres/posts and creating new cadres/posts. There is no right in any employee of the State to claim that rules governing conditions of his service should be forever the same as the one when he entered service for all purposes and except for ensuring or safeguarding rights or benefits already earned, acquired or accrued at a particular point of time, a government servant has no right to challenge the authority of the State to amend, alter and bring into force new rules relating to even an existing service." 11.Rule 37 empowers the Government to relax the age and other conditions for appointment, so as to enable the in-service candidates to appear in the interview for the said post along with the candidates sponsored by the Employment Exchange cannot be said to be inequitable. Relaxation in age, educational qualification, mode of selection cannot be claimed as a matter of right, by the petitioner, who is just an aspirant to the post. 12.In view of the above legal position and for the reasons stated supra, this Court is of the view that the petitioner, who is an aspirant to the above said post, has no locus standi to challenge the said Government Order. Hence, the https://hcservices.ecourts.gov.in/hcservices/ 5 Writ petition fails and the same is dismissed. No costs. Consequently, connected M.Ps.are closed. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The Secretary to the Government, Municipal Administration and Water Supply Department, Secretariat, Fort, St.George , Chennai. 2.The Commissioner, Commissionerate of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005 nbj rl/3 c- 16.9.2011 W.P.(MD)No.9366 of 2011 22.08.2011 https://hcservices.ecourts.gov.in/hcservices/