The High Court of Judicature at Madras dismissed writ petitions challenging a Government Order that temporarily appointed certain Junior Engineers to fill reserved Assistant Executive Engineer vacancies, ruling the appointment valid under the rules.
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W.P.Nos.10541 to 10545 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.10541 to 10545 of 2007 and MP.Nos.1 & 2 of 2007( 5 Nos.)
WP.No.10541 of 2007
S.Rajagopalan ... Petitioner
Vs.
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W.P.Nos.10541 to 10545 of 2007
10.S.Subramanian 11.S.Srinivasan 12.S.Jeevaraj 13.S.Kalyanaraman 14.N.Ramakrishnan ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India p raying to issue Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order issued by the first respondent (viz) GO.(D).No.90 Public Works (A2) Department dated 27.02.2007 and quash the same as illegal insofar as this petitioner is concerned and consequently direct all the respondents to consider the grievance of the petitioner as per GO.Ms.No.1582 Public Works Department dated 11.09.1985.
For Petitioner in all WP's : No appearance For Respondents in all WP's For R1 : Mr.L.S.M.Hasan Fizal, Additional Government Pleader For R2 : Mr.R.Bharanidharan, Standing Counsel for TNPSC
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W.P.Nos.10541 to 10545 of 2007
For R3 : Mr.Niranjan Rajagopalan for Mr.G.R.Associates
For R4 to 14 : Mrs.Sudha Ravi
COMMON ORDER
T hese writ petitions have been filed challenging the Government Order in GO.(D).No.90 Public Works (A2) Department dated 27.02.2007 passed by the first respondent.
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W.P.Nos.10541 to 10545 of 2007
However, the Government have not implemented the rules as per the said Government order. Therefore, five vacancies of Assistant Executive Engineer were not filled, but reserved to Draughtsman category. As per G.O.(3D) No.28 Public Works(A1) Department dated 22.06.2006, also reserved six vacancies of Assistant Executive Engineer. Therefore, totally 11 numbers of Assistant Executive Engineer vacancies are reserved for Draughtsmen and Overseer categories. This Court by order dated 21.07.2006 in WPMP.No.28763 of 2005 in WP.No.26339 of 2005, directed the first respondent that till the amendment of the Special Rules, whatever the position prior to the year 1986 may be continued, has to be accepted in order to give equitable justice to the petitioners category and accordingly directed the first respondent to consider the petitioner's grievance in the light of the rules prevailing prior to the date of amendment. However, the Government passed order in GO.(D).No.90 Public Works (A2) Department dated 27.02.2007 and approved 11 numbers of Junior Engineers for promotion as Assistant Executive Engineers for the existing 11 reserved vacancies.
W.P.Nos.10541 to 10545 of 2007
W.P.Nos.10541 to 10545 of 2007
and Draughtsman Grade-I . These vacancies were filled up from among the Junior Engineers of the Tamilnadu Engineering Subordinate Service who were recruited as Junior Engineers by the Tamilnadu Public Service Commission during the year 1982 since no qualified persons from the Draughtsman category is available. The persons appointed as Junior Engineers from the category of Overseer are being considered based on the seniority in the post of Junior Engineer. There is no separate reservation for the Overseers appointed as Junior Engineer either as per the amended GO or as existed before the amendment. Therefore, the question of appointing a person as Assistant Executive Engineer from the category of Overseer does not arise. Hence, temporary appointments made by filling up the 11 posts of Assistant Executive Engineer from among the Junior Engineers of Tamilnadu Engineering Subordinate Services as per GO.(D).No.90 Public Works (A2) Department dated 27.02.2007 is in order and in accordance with the rules.
W.P.Nos.10541 to 10545 of 2007
25.08.2023
Internet: Yes Index: Yes/No Speaking/Non-speaking order lok
W.P.Nos.10541 to 10545 of 2007
G.K.ILANTHIRAIYAN, J.
lok
To
4. The Government Advocate, High Court, Madras.
W.P.Nos.10541 to 10545 of 2007
25.08.2023
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2 issues framed by the court
Whether temporary appointments made by filling up reserved Assistant Executive Engineer vacancies from the category of Junior Engineers were in order and in accordance with the rules.
Whether the Government Order dated 27.02.2007 approving promotions for Junior Engineers as Assistant Executive Engineers for reserved vacancies was lawful.
S.Rajagopalan
Secretary to Government for Public Works Department
The Secretary, Tamilnadu Public Service Commission
Engineer – in – Chief (Water Resources Organisation) and Chief Engineer Public Works Department (General)
A.Gnanamani
G.K.ILANTHIRAIYAN
As recorded by the court registry
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