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The prayer in the writ petition is for a Certiorarified Mandamus to call for the entire records in connection with the impugned notice of the 3rd respondent in Na.Ka.No. 4933/2012/C1 (Central) dated 06.09.2013 and quash the same and consequently direct the respondents to promote and appoint the petitioner in the post of Executive Engineer (Planning) in the 3rd respondent Corporation.

2. The petitioner, at the time of filing the writ petition, was working as Junior Engineer Special Grade I in the third respondent Corporation. He was originally appointed in the year 1987 as Town Planning Inspector and in the year 1989 his service was regularised and he had worked as Town Planning Inspector in Thiruvarur Municipality till 03.06.1992. Then, the petitioner was transferred to the third respondent Municipality and joined duty there on 09.06.1992 as Town Planning Inspector. While so, the third respondent Municipality was upgraded as Municipal Corporation in the year 1994. On upgradation, two posts of Executive Engineers were sanctioned to the third respondent Municipality, one is called Executive Engineer (Planning) and another is called Executive Engineer (Regular). The petitioner, after having been subsequently promoted as Assistant Executive Engineer (Planning), he was working as such all along. When he being the seniormost in the category of Assistant Executive Engineer (Planning), he would be eligible to be get promoted further as Executive Engineer (Planning) at the third respondent Corporation. When the petitioner has made his claim for consideration of his candidature for promotion to the post of Executive Engineer (Planning), the same was turned down by the third respondent vide impugned proceedings dated 06.09.2013. By the said impugned order, the third respondent has stated that the post of Executive Engineer (Planning) was no more available at the third respondent Municipality, as the same had already been redesignated as Executive Engineer (Regular). Therefore, in view of non availability of the said post of Executive Engineer (Planning), the plea of the petitioner to get promotion to the said post cannot be considered and therefore, accordingly, the said request was rejected by the third respondent through the impugned order. Challenging the same, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Additional Government Pleaders for the respondents 1 and 2 and 3.

4. The learned counsel for the petitioner would contend that admittedly, the petitioner is the seniormost Assistant Executive Engineer (Planning) and at the time of the creation of the Municipal Corporation or upgradation of the third respondent as Municipal Corporation, two posts of Executive Engineers were sanctioned, out of which, one shall be Executive Engineer (Planning). Therefore, the line of promotion for the said post is from the feeder category of Assistant Executive Engineer (Planning), the post exactly the petitioner was holding all these years and he being the seniormost in the category of Assistant Executive Engineer (Planning), he would be certainly entitle to claim the promotion to the post of Executive Engineer (Planning). When that being so, when the claim was made by the petitioner for the said promotion, the same was turned down by the third respondent vide the impugned order. However, according to the learned counsel for the petitioner, the very reasoning cited by the third respondent in the impugned order to state that the said post of Executive Engineer (Planning), since has already been redesignated for want of postings, the plea of the petitioner cannot be granted, is totally unjustifiable, because originally, the post was sanctioned as Executive Engineer (Planning) was subsequently redesignated only at the instance of the third respondent Municipality for want of available hands and therefore, it can very well be once again redesignated to the original position. Without considering the same, the plea of the petitioner was rejected abruptly, according to the learned counsel for the petitioner, which is unjust and arbitrary.

5. Per contra, the learned Additional Government Pleader for the third respondent would contend that no doubt, originally, two posts of Executive Engineers were sanctioned to the third respondent Municipality, out of the two, one post is for Executive Engineer (Regular) and another one is Executive Engineer (Planning). In the year 2005, since in the line of promotion for the post of Executive Engineer (Planning), there were no eligible hands for consideration, the third respondent Municipality had written to the Government to redesignate the said post of Executive Engineer (Planning) also into the post of Executive Engineer (Regular), accepting the said request of the third respondent, the Government ie., the first respondent issued a Government Order in G.O.2D No.46 MAWS Department dated 31.10.2015, by which, the request of the third respondent was accepted and the post of Executive Engineer (Planning) at the third respondent Municipal Corporation was redesignated as Executive Engineer (Regular), wherein, one S.Raja Mohammed was promoted and appointed. Therefore, from the year 2005, the post of Executive Engineer (Planning) was no more available in the third respondent Municipal Corporation. Now, the said Rajamohammed has also got retired and the said post, namely, Executive Engineer (Planning) redesignated as Executive Engineer (Regular) become vacant. Merely because, redesignated post of Executive Engineer (Regular) is vacant, for the said post, the petitioner cannot be promoted, as his line of promotion is only Executive Engineer (Planning) not the Executive Engineer (Regular). Therefore, there is every justification on the part of the third respondent to pass the impugned order. Therefore, the same need not be interfered with.

6. Heard the learned counsel for the respective parties and the materials placed before this Court were perused.

7. For the effective administration of the third respondent Municipality, which was subsequently upgraded as Municipal Corporation, the Government had sanctioned two Executive Engineers Post. Out of the two, one is Executive Engineer (Regular), who look after the regular engineering works to be undertaken at the third respondent Municipal Corporation. The another one is Executive Engineer (Planning), who would look after the planning and schemes to be undertaken by the third respondent Municipal Corporation. To balance these works only, the Government had initially sanctioned these two posts, one for Executive Engineer (Planning) and another for Executive Engineer (Regular). However, for some time, since there was no eligible hand available to get promoted to the post of Executive Engineer (Planning), the third respondent had written to the Government requiring the Government to redesignate the said post as Executive Engineer (Regular) for giving promotion from the available candidates, so that, the post can be filled up and two officers in the cadre of Executive Engineer can work in the third respondent Municipal Corporation to undertake all engineering works. The said redesignation, of course, made by the first respondent through the said G.O. dated 31.10.2005 is only a stop gap or internal arrangement on the part of the first respondent, of course, pursuant to the request made by the third respondent, only on the alleged reason of want of eligible candidates. Merely because, the said post of Executive Engineer (Planning) was redesignated as Executive Engineer (Regular), it cannot be said that the said post of Executive Engineer (Planning) can never be revived at any point of time, even though eligible candidates in the feeder category are available to get promoted.