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2017 Supreme(SC) 1083

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
Association of Engineers – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Jayant Bhushan, Mr. N. Subramaniyan, Mr. Pranav Sachdeva, Ms. Neha Rathi, Ms. Kamini Jaiswal, Mr. N. Subramaniyan, Mr. Pranav Sachdeva, Mr. Nikhil Nayyar
For the Respondents: Mr. V. Prakash, Mr. Eashwar, Mr. A.V. Rangam, Mr. Buddy A. Ranganadhan, Mr. K.V. Vijaykumar, Ms. Maitreyee Mishra, Mr. P. Rajendran, Mr. Beno Banugar, Mr. Harsh Prabha, Mr. Sanjay Kumar Visen, Mr. R. Nedumaran, Ms. A. Sumathi, Mr. B. Balaji

ORDER :

1. The appellant has come up in appeals, questioning the adjudication made by the Tribunal, which has been affirmed by the High Court. The Tribunal had directed with respect to the posts of Assistant Engineers that the same shall be filled up in the ratio of 3:1, with reference to direct recruitment and recruitment by transfer from the eligible persons holding basic qualifications as per rules.

2. The case has a chequered history. In the year 1972, Government order, i.e., G.O.Ms.No.1745 dated 10th October, 1972 was promulgated, which amended the Special Rules for the Tamil Nadu Engineering Subordinate Service for appointment of Overseers, Head Draftsmen or Civil Draftsmen possessing L.C.E. and A.M.I.E. (India) qualification with a minimum service of three years as Junior Engineers re-designated as Assistant Engineers. The following amendment had been made in the said Rules:

AMENDMENT

In the said Special Rules in Schedule-II to Branch 1 of Part-II after the existing proviso under Item-5(IV)(C) in Col.2 against the item 'Supervisors' in Col(1) the following shall be added,
























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