Section 28 in Tamil Nadu Municipal Service Rules, 1970
28. Merit and seniority in the matter of promotion. - (a) All promotions shall be made on grounds of merit and ability of the member of the service, his seniority being taken into account only where merit and ability are approximately equal, except where the special rules governing a service specifically require that promotion to any class or category thereof shall be made on the basis of seniority alone.
(b)Where the special rules governing a service require that promotion to any class or category thereof shall be made on the basis of seniority alone, the order of seniority may be departed from in the following cases, namely: -(i)Where promotion is given on grounds of conspicuous merit and ability;(ii)Where promotion has been withheld as a measure of penalty.
