A. Venkatachalam Vs the Government of Tamilnadu — Writ and Judicial Review | Madras HC (2026)

A. Venkatachalam Vs the Government of Tamilnadu — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

No substantive relief; the writ petition was closed (the petitioner's grievance standing redressed by the amendment to the Special Rules vide G.O.Ms.No.49, Highways and Minor Ports (HK1) Department, dated 02.04.2018) with no order as to costs.

Issue for consideration

Whether the existing practice and the Special Rules to the Tamil Nadu Highways Engineering Service permitting appointment or transfer-and-posting of Junior Engineers/Assistant Engineers/Assistant Divisional Engineers with a Mechanical Engineering Diploma or Degree in Civil Engineering posts in the Highways Department (and vice versa) are illegal and unconstitutional, and whether respondents must be directed to deploy engineers strictly according to their qualification and to redeploy the excess B.E. (Mechanical) degree holders to other departments of the State. +1 more

Ratio / Principle

The main grievance of the petitioner in the writ petition stands redressed in view of the amendment made to the Special Rules relating to filling up of vacancies in the post of Assistant Divisional Engineer of the Tamil Nadu Highways Engineering Service vide G.O.Ms.No.49, Highways and Minor Ports (HK1) Department, dated 02.04.2018.

Key takeaways

Since the grievance of the petitioner stands redressed by virtue of the amendment to the Special Rules referred above, this Court is of the view that no further orders are necessary in the present writ petition.ratio¶22
Accordingly, the writ petition is closed, with no order as to costs.ratio¶27

Detailed headnote1 paragraphs

W.P.No.36672 of 2007 — High Court of Judicature at Madras (T. Vinod Kumar, J.), decided 02.06.2026. Filed under Article 226 of the Constitution of India, the petitioner sought a writ of declaration that the prevailing practice, and/or the Special Rules to the Tamil Nadu Highways Engineering Service, permitting appointment or transfer-and-posting of Junior Engineers/Assistant Engineers/Assistant Divisional Engineers holding a Mechanical Engineering Diploma or Degree in Civil Engineering posts in the Highways Department (and vice versa) was illegal and unconstitutional, together with directions to deploy engineers strictly according to qualification and to redeploy the surplus B.E. (Mechanical) degree holders to other State departments. When the matter was listed for hearing, the Court noted that the petitioner's main grievance had been redressed by the amendment to the Special Rules governing filling up of Assistant Divisional Engineer vacancies effected vide G.O.Ms.No.49, Highways and Minor Ports (HK1) Department, dated 02.04.2018. Holding that no further orders were necessary, the Court closed the writ petition with no order as to costs. The pleaded questions of illegality/unconstitutionality were left unadjudicated; the order therefore contains no ratio on the cross-qualification deployment issue and is of limited precedential value.

W.P.No.36672 of 2007

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2026

CORAM :

THE HON’BLE MR.JUSTICE T.VINOD KUMAR

W.P.No.36672 of 2007

A.Venkatachalam

.. Petitioner

Versus

The Government of Tamilnadu, Rep. by the Secretary, Highways Department, Fort St. George, Chennai – 9.

The Chief Engineer (GI), Highways Department, PWD Campus, Chepauk, Chennai – 5. .. Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Declaration, declaring the present practice, and/or the Special Rules to Tamilnadu Highways Engineering Service in so far as permitting the practice of appointing or transfer and posting a Junior Engineer/Assistant Engineer/Assistant Divisional Engineer with Mechanical Engineering Diploma or Degree in any Civil Engineering post in Highways Department and vice verse is illegal and unconstitutional and consequently direct the respondents to appoint or transfer and post Junior Engineer/Assistant Engineer/Assistant Divisional Engineer with Diploma or Degree in Mechanical or Civil Engineering only in the posts requiring the respective qualification and further to direct the respondents to oust or

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W.P.No.36672 of 2007

redeploy to other Departments of the State, the excess Junior Engineers/Assistant Engineers and Assistant Divisional Engineers with B.E.Degree in Mechanical Engineering.

For Petitioner : Mr.N.Subramaniyan For Respondents : Ms.Y.Kavitha, Additional Government Pleader

ORDER

When this Writ Petition is listed for hearing, it is brought to the

notice of this Court that the main grievance of the petitioner, in the present Writ Petition, stands redressed in view of the amendment made to Special Rules in relation to filling up of vacancies in the post of Assistant Divisional Engineer of the Tamil Nadu Highways Engineering Service vide G.O.Ms.No.49, Highways and Minor Ports (HK1) Department, dated 02.04.2018.

In view of the above and since, the grievance of the petitioner,

in the present Writ Petition, stands redressed by virtue of amendment to the Special Rules referred above, this Court is of the view that no further

orders are necessary in the present Writ Petition.

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W.P.No.36672 of 2007

Accordingly, this Writ Petition is closed. There shall be no

order as to costs.

02.06.2026

Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

The Government of Tamilnadu, Rep. By the Secretary, Highways Department, Fort St. George, Chennai – 9.

The Chief Engineer (GI), Highways Department, PWD Campus, Chepauk, Chennai – 5.

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W.P.No.36672 of 2007

T.VINOD KUMAR, J.

grs

W.P.No.36672 of 2007

02.06.2026

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