Judgment :- 1. The writ petitioner, R.Mohanavelu, joined the service of the respondent Corporation on 11.04.1990 as Grade-II Laboratory Technician at C.D. Hospital. At the time of his appointment, he possessed the qualification of Graduate Technologist and his academic qualifications are B.Sc., (Botany) and M.Sc., (Botany) from University of Madras, Post Graduate Diploma in Medical Laboratory Technology (PGDMLT) VHS, Adayar approved by Government of Tamil Nadu. With this qualification, the petitioner served in C.D. Hospital in all disciplines of the Laboratory and played an important role during the epidemic disease of Vibrio Cholera in the year 1992. Subsequently, he was transferred and posted as Laboratory In charge of Choolaimedu Laboratory, Chennai and working in the capacity to the satisfaction of his superiors. He also worked as a coinvestigator for the project on Vibrio Cholera conducted by the C.D. Hospital, Corporation of Chennai. 2. Whileso, the 2nd respondent/the Health Officer, Corporation of Chennai issued a circular dated 06.09.2000 calling for application to fill up the Grade-I Technician post. Pursuant to the said circular, the petitioner made representation on 16.09.2000 requesting to promote him to Grade-I Technician post. But, in spite of the fact that the petitioner was qualified to be promoted as Grade-I Technician, he was not promoted to the said post. Later on, the 2nd respondent called for applications for the post of Graduate Technician on 30.12.2001, but, as per the circular, one Thiru. Babu was promoted to the said post. 3. Though the petitioner had much more experience and qualification than the said Babu, the petitioners representation dated 27.02.2004 seeking promotion to the post of Graduate Technologist, was rejected by the 1st respondent by his proceedings dated 24.8.2004 stating that as per the Public Health and Medical Subordinate Service draft bye-laws, the petitioner was not eligible for the said post. 4. The petitioner again made a representation to the Mayor on 22.03.2005 requesting to give promotion to the post of Graduate Technician since two posts of Graduate Technician were vacant for quite a long time. Again, the 2nd respondent, without considering the petitioners eligibility and educational qualification, rejected the request by his Proceedings dated 16.05.2005 on the very same ground that as per the draft bye-laws, the petitioner was not eligible to the said post since he has not possessed the required qualification namely, B.Sc., with Chemistry as main subject. Again, the 2nd respondent, without considering the petitioners eligibility and educational qualification, rejected the request by his Proceedings dated 16.05.2005 on the very same ground that as per the draft bye-laws, the petitioner was not eligible to the said post since he has not possessed the required qualification namely, B.Sc., with Chemistry as main subject. As per the draft bye-laws, for the post of Graduate Technologist, promotion can be made from any of the categories of Chemical Assistant, CDH, Assistant Bio-Chemist, P.H Laboratory Technician CDH with P.H, Laboratory Technician Grade-I or by direct recruitment. For direct recruitment, the qualification is B.Sc., Degree with Chemistry as main subject and Diploma in Medical Technology. The said bye-law has not yet been approved by the State Government. 5. The learned counsel appearing for the petitioner submits that as per Section 352 of the Chennai City Municipal Corporation Act, the bye-law made by the Corporation has no validity unless and until the same is approved by the State Government. Therefore, the stand taken by the Corporation that the essential qualification for the said post is B.Sc., with Chemistry as main subject is illegal as the same has not yet been approved by the State Government. On that basis, prayer has been made to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings made in No.H.D.Na.Ka.No.C2/1467/2005 dated 16.05.2005 on the file of the 2nd respondent and to quash the same and consequently to direct the 1st respondent to promote the petitioner to the post of Graduate Technologist. 6. Mr.R.Ramanlal, learned counsel appearing for the petitioner further submits that the petitioner has got a revised qualification to be promoted to the promotional post of Grade-I Technician as early as 2000 and simultaneously, he should also be given promotion to the post of Graduate Technologist as per the existing rules and regulations. Particularly, in the absence of any approval of bye-law by the State Government, it was contended that the 2nd respondent should have followed the existing Rules for the promotional post. In support of his submission, he has also relied upon an order passed by this Court in W.P.No.10202 of 1989, dated 12.03.1991, to say that no bye-law made by the Corporation under Section 352 of the City Municipal Corporation Act, shall have validity, unless and until it is approved by the State Government. In support of his submission, he has also relied upon an order passed by this Court in W.P.No.10202 of 1989, dated 12.03.1991, to say that no bye-law made by the Corporation under Section 352 of the City Municipal Corporation Act, shall have validity, unless and until it is approved by the State Government. For the bye-law to be valid and operational, the approval of the Government is a sine qua non and there being with no such approval in the present case, the respondent cannot deny the promotion on the basis of draft bye-law as the same has not been approved by the State Government. 7. In reply, the learned counsel appearing for the respondents submits that the Corporation of Chennai has called for applications to fill up vacant post of Graduate Technologist from the eligible candidates B.Sc., Degree with Chemistry as the main subject and Diploma in Medical Technology as per the Public Health and Medical Subordinate Service draft bye-laws 1998, vide C1/3127/98 and since the petitioner has failed to fulfil the requisite qualification of B.Sc., Degree with Chemistry as the main subject and Diploma in Medical Technology as per the Public Health and Medical Subordinate Service draft bye-law, the petitioners application was rejected. 8. Since the respondents Corporation has to promote one A. Babu as Grade-I Technician in view of his requisite qualification as per the Government Order, he was promoted by following the draft bye-law for the post. It was further submitted that even the petitioner was also appointed in the year 1990 as Grade-II Laboratory Technician at C.D. Hospital following the above said draft bye-laws. Therefore, he cannot find fault with the said draft bye-law for the reason that his request was rejected for the promotional post of Graduate Technologist. 9. Heard the learned counsel on both sides. 10. The petitioner, no doubt, was appointed in the year 1990 as Grade-II Laboratory Technician at C.D. Hospital since he was in possession of qualification for Graduate Technologist. Admittedly, the petitioner, from the date of joining in the Corporation service from 11.04.1990, has been serving as Grade-II Laboratory Technician at C.D. Hospital in all disciplines in the Laboratory. 11. 10. The petitioner, no doubt, was appointed in the year 1990 as Grade-II Laboratory Technician at C.D. Hospital since he was in possession of qualification for Graduate Technologist. Admittedly, the petitioner, from the date of joining in the Corporation service from 11.04.1990, has been serving as Grade-II Laboratory Technician at C.D. Hospital in all disciplines in the Laboratory. 11. It is also pertinent to note that for the last 15 years, the petitioner has served in all disciplines of the Laboratory and played an important role even during 1992 when Cholera epidemic prevailed in some places in the State. In the year 2001, when the 1st respondent/the Commissioner, Corporation of Chennai, called for applications to the post of Graduate Technologist from the eligible candidates, the petitioner opted for the said post by expressing his willingness, by his representation dated 28.01.2002. Whileso, the 2nd respondent issued a circular dated 06.09.2000 calling for applications to fill up the Grade-I Laboratory Technician post. Pursuant to the said circular, the petitioner made a representation on 16.09.2000 requesting to promote him to the post of Grade-I Laboratory Technician. Though the petitioner has possessed the qualification to be promoted as Grade-I Laboratory Technician, he was not promoted to the said post, but, one Babu was promoted. The rejection of the petitioners claim for the promotional post was on the basis of service draft bye-laws vide C1/3127/98, which says that the petitioner does not possess the required qualification i.e., B.Sc., with Chemistry as the main subject. 12. The point raised by the petitioner herein is that the petitioner has got all the qualifications for the promotional post of Graduate Technologist. But, in view of the draft bye-law, which has not been approved by the State Government, he has been non-suited. As per Section 352 of Chennai City Municipal Corporation Act, draft bye-law made by the Corporation has no validity unless and until it is approved by the State Government. This position has already been made clear by this Court in W.P.No.10202 of 1989 dated 12.03.1991 stating that for the validity of bye-law, the approval of the Government is a sine qua non and when there is no such approval granted to the draft bye-law, the draft bye-law cannot stand in the way in getting promotion. This position has already been made clear by this Court in W.P.No.10202 of 1989 dated 12.03.1991 stating that for the validity of bye-law, the approval of the Government is a sine qua non and when there is no such approval granted to the draft bye-law, the draft bye-law cannot stand in the way in getting promotion. Even, the communication issued by the Corporation of Chennai also indicates that the Corporation of Chennai, Public Health and Medical Subordinate Service draft bye-laws are not approved by the Government and action is being taken to obtain approval of the Government. 13. In such circumstances, I hold that the petitioner is eligible to be considered for promotion as he is possessing the necessary qualifications for the post of Graduate Technologist. However, his actual promotion will be done in accordance with the relevant criteria for promotion as Graduate Technologist. With the above observation, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.