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Association of Tamilnadu v. The Government of Tamil Nadu

Madras HC20 Aug 2025WP/12826/2019

Case brief

AI extract

What is this about?

G.O.Ms.No.82; cadre strength; Assistant Engineers; Junior Engineers; 972 vacancies; 75% and 25% ratio; Rule 18(a); Rule 18(1); Tamil Nadu Highways Engineering Service Rules 1956; Special Rules amendment; TNPSC recruitment; writ petition disposed; infructuous; Article 226 certiorari; Association of Tamilnadu Highways Engineers; Highways Department Government of Tamil Nadu; Director General Highways; vires not tested; no costs; WMP.Nos.13027 and 13028 of 2019 closed; counter affidavit paragraphs 10 to 12.

What did the court decide?

Writ petition disposed of by placing on record the respondents' assertion that G.O.Ms.No.82 dated 08.05.2012 is not adopted and only Rule 18(a) of the Rules is followed; no costs awarded; connected miscellaneous petitions (WMP.Nos.13027 and 13028 of 2019) closed. ¶53

Association of Tamilnadu Vs The Government of Tamil… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether G.O.Ms.No.82, Highways and Small Ports (KH2) Department dated 08.05.2012, fixing the cadre strength between Assistant Engineers and Junior Engineers in respect of 972 vacancies in the ratio of 75% and 25%, is contrary to Rule 18(a) of the Tamil Nadu Highways Engineering Service Rules, 1956, and is liable to be quashed. +1 more

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Ratio / Principle

Since the respondents categorically asserted in their counter affidavit that G.O.Ms.No.82 dated 08.05.2012 is not adopted and that only Rule 18(a) of the Rules is being followed, the petitioner's grievance stands redressed and there is no necessity for this Court to test the vires of the G.O.; accordingly, placing the respondents' assertion on record, the writ petition is disposed of.

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Detailed headnote1 paragraphs

High Court of Judicature at Madras (T. Vinod Kumar J., single judge) disposed of WP No. 12826 of 2019, in which the Association of Tamilnadu Highways Engineers sought a writ of certiorari under Article 226 to quash G.O.Ms.No.82, Highways and Small Ports (KH2) Department dated 08.05.2012, which fixed the cadre strength between Assistant Engineers and Junior Engineers for 972 vacancies in the ratio of 75% and 25%, allegedly contrary to Rule 18(a) of the Tamil Nadu Highways Engineering Service Rules, 1956. Relying on paragraphs 10 to 12 of the counter affidavit filed by the 2nd respondent on behalf of respondents 1 and 2, which categorically stated that the G.O. is not adopted and that only Rule 18(a) is followed (with amendments to the Special Rules, including recruitment ratio/cadre strength, in final stage), the Court held the petitioner's grievance stood redressed, found no necessity to test the vires of the G.O., disposed of the writ petition with no costs, and closed the connected miscellaneous petitions.

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WP No. 12826 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-08-2025

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CORAM

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THE HONOURABLE MR.JUSTICE T. VINOD KUMAR

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WP No. 12826 of 2019 & WMP.Nos.13027 and 13028 of 2019

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Association of Tamilnadu Highways Engineers, Rep.by its General Secretary, 35V, Taluk Office Road, Saidapet Cennnai-15 Chennai

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Petitioner(s)

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The Government of Tamil Nadu rep. by its Secretry, Highways Department, Fort St. George, Chennai-9

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2.The director General ( Highways) Highways Department, HRS Campus, Guindy, Chennai-25

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3.the Tamil Nadu Public Service Commission, Rep.By its Secretary, No.3, Frazer Bridge Road, VOC Nagar Park Town, chennai-3

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Respondent(s)

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https://www.mhc.tn.gov.in/judis

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WP No. 12826 of 2019

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PRAYER Writ Petition filed under Art.226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records pertaining to the issue of impugned order namely G.O.Ms.No.82, Highways and Small Ports (KH2) Department, dated 08.05.2012 and quash the same.

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For Petitioner(s): Mr.N.Subramaniyan For Respondent(s): Mr. R.L. Karthika, Govt. Advocate for R1 & R2

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ORDER

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By this writ petition, the petitioner has assailed the action of the 1st

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respondent in issuing GO.Ms.No.82, Highways and Small Ports (KH2) Department dated 08.05.2012, whereby, the 1st respondent had fixed the cadre strength between Assistant Engineers and Junior Engineers in respect of 972

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vacancies in the ratio of 75% and 25% as being contrary to Rule 18(a) of the

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TamilNadu Highways Engineering Servic Rules, 1956 [in short 'Rules'].

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Heard Mr. N.Subramaniyan, learned counsel appearing for the

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petitioner, Mrs.R.L.Karthika, learned Govt. Advocate appearing for the respondents 1 and 2 and Mr.R.Bharanidharan, learned Standing Counsel appearing for the 3rd respondent.

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https://www.mhc.tn.gov.in/judis

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WP No. 12826 of 2019

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The learned counsel for the petitioner submitted that though the 1st

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respondent, by the aforesaid GO issued, sought to fix the cadre strength of Assistant Engineers and Junior Engineers in respect of 972 vacancies, by the counter affidavit filed, have indicated that the impugned GO is not adopted.

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The learned counsel for the petitioner further submitted that the 2nd respondent, by their counter affidavit had categorically stated that the 1st respondent had initiated proposals for amending the Rules (Special Rules) for all post in various Departments and it is in final stage which includes the subject matter also.

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Learned counsel for the petitioner thus submits that since the respondents, by their counter affidavit, having categorically stated that the GO.Ms.No.82 which is impugned herein, has not been adopted till date and only

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nd Rule 18(a) of the Rules is being followed, the said statement made by the 2 respondent by their counter affidavit may be taken on record for disposing the present writ petition.

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https://www.mhc.tn.gov.in/judis

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WP No. 12826 of 2019

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The learned Govt. Advocate appearing on behalf of the respondents 1

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and 2, by drawing attention of this Court to the paragraphs 10 to 12 of the

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counter affidavit would submit that the respondents are not implementing GO.Ms.No.82 and are only following Rule 18(a) of the Rules and as such, the

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present writ petition has become infructuous.

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I have taken note of the aforesaid submissions. The 2nd respondent, by

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the counter affidavit filed on behalf of the said respondent as well as on behalf

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of the 1st respondent in paragraphs 10 to 12, has categorically stated as under:

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'10. In this department, arrival of estimate of vacancies for the posts including Assistant and the various posts in other departments recruited by TNPSC is based on the ratio of the arising vacancies every year. The filling up of vacancies for the estimate of vacancies arrived every year is being done based on the Tamil Nadu Highways Engineering Service Rule 18(1), which was in practice prior to G.O.82. Further, the proposals of amendments of rules (Special rules) for all the posts in various departments has been initiated by the Government and it is in final stage, which includes the subject matter also. Based on the final decision by the Government recruitment rules will be followed.

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11. It is submitted that, during the review of the special rules for Highways Department, has been decided to further review certain clauses which includes

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https://www.mhc.tn.gov.in/judis

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WP No. 12826 of 2019

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recruitment ratio/Cadre strength between Assistant Engineers/Junior Engineers.

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12. It is submitted that till date, only rule 18(a) of the Tamil Nadu Highways Engineering Service Rule is followed and G.O.Ms.No.82 Highways and Minor Ports department dated 8.5.2012 is not adopted.'

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