(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records relating to the impugned order passed by the 1st respondent in G.O. (4D). No. 1, Municipal Administration and Water Supply (ME.3) Department dated 07.01.2025 and the subsequent G.O. (2D). No. 57, Municipal Administration and Water Supply (ME.3) Department dated 04.08.2026, QUASH THE SAME, as illegal, and further DIRECT the respondents to give promotion the petitioners forthwith as Executive Engineer by fixing the inter se-seniority of the Assistant Executive Engineers by taking in to account the entire Engineering service from the level of Assistant Engineer with all consequential benefits)

Common Order:

1. As the issue that arises for consideration in all these batch of writ petitions is one and the same, they are taken up for consideration together and are being disposed of by this common order.

2. These batch of writ petitions have been filed assailing the orders issued by the first respondent Government in G.O.(2D) No.57, Municipal Administration and Water Supply (ME3) Department, dated 04.08.2026, whereby promotions to the post of ‘Executive Engineer’ from the post of ‘Assistant Executive Engineer’ in the Tamil Nadu Municipal Services, governed by the Tamil Nadu Urban Local Bodies Rules, 2023, have been effected in favour of 116 Assistant Executive Engineers working in the Greater Chennai Corporation, other Corporations and Municipalities, on the ground that the respondent Government failed to follow the ratio prescribed by the Government among the Assistant Executive Engineers working in the Greater Chennai Corporation, other Corporations and Municipal Councils, i.e., 2:2:1, respectively.

3. A learned Single Judge of this Court, while entertaining the writ petitions, passed interim orders in W.P.Nos.15648 and 15716 of 2026, and the said interim order was subsequently vacated by order dated 14.07.2026, basing upon an undertaking affidavit filed by the Deputy Secretary to the Government, Municipal Administration and Water Supply Department, undertaking to effect promotions to the post of ‘Executive Engineer’ by duly following the ratio prescribed under G.O.(4D) No.1, dated 07.01.2026, while subjecting the said promotions to the result of the writ petitions pending before this Court.

4. Alleging that the first respondent had issued the impugned Government Order, G.O.(2D) No.57, Municipal Administration and Water Supply (ME3) Department, dated 04.08.2026, in violation of the undertaking given before this Court as well as the ratio prescribed under G.O.(4D) No.1, dated 07.01.2026, the affected parties approached this Court by filing W.P.No.32804 of 2026. This Court, having taken note of the pattern in which the promotions were effected to the post of ‘Executive Engineer’, passed the following order on 12.08.2026:

               “Notice before admission.

               2. Mr.S.Ilamvaludhi, learned Special Government Pleader, takes notice for the respondents.

               3. Prima facie, it appears that the impugned Government Order granting promotion to various Assistant Executive Engineers has been issued in violation of the orders issued by the Government in G.O.(4D) No.1, Municipal Administration and Water Supply (ME.3) Department, dated 07.01.2025, read with the order passed by the Co-ordinate Bench of this Court in W.P.No.15648 of 2026 and batch dated 14.07.2026. In the circumstances, there shall be an order of interim stay of the operation of the impugned Government Order for a period of six weeks.

               4. Further, it appears that the respondent State, having filed an affidavit before this Court in W.P.No.15648 of 2026 and batch dated 14.07.2026, undertaking to strictly implement the orders issued by the Government in G.O.(4D) No.1, Municipal Administration and Water Supply (ME.3) Department and the order dated 26.02.2026, has now issued the impugned Government Order in violation of the said order. It is only because of the affidavit filed by the respondent State before the learned Judge that the interim order that was granted was vacated. Having got the interim order vacated, now the respondent State appears to have issued the impugned proceedings in deviation of the undertaking given before this Court. In the circumstances, this Court, prima facie, is of the view that the respondent State has committed contempt of this Court.

               5. In view of the contempt of this Court by violating the undertaking given by them in the affidavit filed before this Court with reference to the above, the respondent State is directed to file an affidavit showing cause as to why appropriate contempt proceedings be not initiated against it in the light of the facts narrated above.

               6. List the matter on 02.09.2026.”

5. While the matters were pending at that stage, it is brought to the notice of this Court that the learned Division Bench of this Court had considered the challenge to the ratio fixed under G.O.(4D) No.1, dated 07.01.2025, in W.P.No.22887 of 2025 and batch, and, vide orders dated 03.09.2026, the said batch of writ petitions were disposed of by issuing various directions.

6. Learned counsel appearing on either side brought to the notice of this Court the said order dated 03.09.2026 and submitted that these batch of writ petitions are required to be disposed of in terms of the said order dated 03.09.2026. However, the learned counsel appearing for the petitioners contended that the interim protection granted by order dated 12.08.2026 is required to be maintained in respect of the Assistant Executive Engineers who have not joined the post of ‘Executive Engineer’ pursuant to the impugned Government Order, G.O.(2D) No.57, Municipal Administration and Water Supply (ME3) Department, dated 04.08.2026.

7. On the other hand, Mrs.Kavitha Nithyanandan Rameshwar, learned Additional Advocate General appearing for the official respondents, contended that the learned Division Bench had taken care of the promotions that had already been effected and that they were all made subject to the directions issued by the learned Division Bench in the order dated 03.09.2026. Therefore, there is no need to continue the interim order dated 12.08.2026 passed by this Court.

8. Learned counsel appearing for the unofficial respondents also contended that, pursuant to the impugned Government Order, G.O.(2D) No.57, Municipal Administration and Water Supply (ME3) Department, dated 04.08.2026, all of them had been relieved from the post of ‘Assistant Executive Engineer’. However, by virtue of the interim stay dated 12.08.2026 passed by this Court, they were not permitted to join the promotional post and, thus, they are neither holding the post of ‘Assistant Executive Engineer’ nor the post of ‘Executive Engineer’. Therefore, in case the interim order is continued, they will be subjected to great prejudice and will also be deprived of their salaries for all these months.

9. This Court has carefully considered the submissions made on either side.

10. In this connection, it is relevant to take note of the directions issued by the learned Division Bench, which read as follows:

               “38. In view of the above discussions on facts and legal position, this Court is inclined to issue the following directions:

               (i). The first respondent is directed to issue a circular to all the Local Bodies across the State, affording opportunity to all the officers to submit their respective objections, if any, regarding the inter-se seniority list already published by the Government.

               (ii). On receipt of objections, if any, the Government is directed to consider their objections, and verify the correctness of the inter-se seniority list already published. If any error is identified in fixing inter-se seniority, all such errors are to be corrected and revised inter-se seniority list is to be published.

               (iv). Thereafter, first respondent is directed to review the promotions already granted and its correctness based on the revised inter-se seniority list to be published by completing the above process. If any errors, irregularities in grant of promotions are identified, all such errors are to be rectified and suitable orders are to be passed by the Government.

               (v). By correcting the inter-se seniority list and rectifying the errors, if any, in the matter of grant of promotions, all further promotions to the posts of Chief Engineer, Superintending Engineer, Executive Engineer and Assistant Executive Engineer shall be granted by scrupulously following the procedures as contemplated under the Act, Rules and Government policies in the matter of grant of promotions.

               (vi). The entire exercise is directed to be completed within a period of four (04) months from the date of receipt of a copy of this order.

               (vii). Learned Additional Advocate General and the respective Counsels are requested to furnish the copy of this order before the writ Court for disposal of all pending writ petitions enabling the Government to complete the exercise within the stipulated period.”

11. From a perusal of the above directions as well as the order dated 03.09.2026, it is amply clear that the learned Division Bench had taken note of the promotions that were effected vide G.O.(2D) No.57, dated 04.08.2026, in paragraph 26 of the said order and, having been fully conscious of the said order, issued the directions as extracted above.

12. By virtue of the above directions, all the promotions that were effected vide the impugned Government Order, G.O.(2D) No.57, Municipal Administration and Water Supply (ME3) Department, dated 04.08.2026, are subjected to review and the exercise to be undertaken by the first respondent. Thus, the impugned promotions have not attained finality. Further, from the very Government Order, G.O.(2D) No.57, Municipal Administration and Water Supply (ME3) Department, dated 04.08.2026, itself, it is evident that the promotions effected are temporary in nature and subject to the result of various writ petitions pending before this Court.

13. This Court, while passing the order dated 12.08.2026, took note of the pattern in which the Assistant Executive Engineers working in the Chennai Corporation had been promoted in large numbers, as against the ratio provided to them under G.O.(4D) No.1, dated 07.01.2026. Prima facie, this Court felt that the same was contrary to G.O.(4D) No.1, dated 07.01.2026 and the undertaking given before this Court.

14. Considering the submission made by the learned Additional Advocate General that, in the absence of eligible Assistant Executive Engineers for consideration for promotion to the post of ‘Executive Engineer’ from the other Corporations and Municipal Councils, it is open to the Government to fill up the said posts with eligible candidates from the other source, as and when eligible Assistant Executive Engineers become available for promotion, they can be adjusted against the ratio earmarked for them, this Court is of the considered view that the said submission, prima facie, appears to have some substance.

15. The post of ‘Executive Engineer’ cannot be left vacant for want of eligible candidates, especially in the context of the fact that the relief sought in most of these writ petitions is to consider their cases for promotion to the post of ‘Executive Engineer’ by relaxing the requirement of experience in the post of ‘Assistant Executive Engineer’.

16. In the light of the direction issued in Paragraph No.38 (vii) by the learned Division Bench of this Court, this Court has no other option except to dispose of these batch of writ petitions in terms of the directions issued in Paragraph No.38 of the order dated 03.09.2026, passed by the learned Division Bench.

17. In the light of the above discussion, all these writ petitions are disposed of in terms of the directions issued by the learned Division Bench in Paragraph No. 38 of the order dated 03.09.2026 in W.P.No.22887 of 2025 and batch.

18. For the reasons assigned hereinabove, this Court does not find any reason to issue any direction either to continue the interim order already passed or to issue any other direction, as no prejudice would be caused to the petitioners if the persons who have already been promoted to the post pursuant to the impugned proceedings are permitted to join the post, subject to the rectification process to be undertaken by the respondents in terms of the directions issued by the learned Division Bench. No costs. Connected miscellaneous petitions, if any, shall stand closed.