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2024 Supreme(SC) 338

B. R. GAVAI, SANDEEP MEHTA
Association of Engineers – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant(s) : Mrs. Madhavi Divan, Sr. Adv. Ms. Preetika Dwivedi, AOR Mr. Abhisek Mohanty, Adv. Mr. Naveen Kumar Murthy, Adv. Mr. N. Subramaniyan, Adv. Mr. Pranav Sachdeva, AOR Mr. Jatin Bhardwaj, Adv. Ms. Aakriti, Adv. Mr. Pranav Sachdeva, Adv. Ms. Neha Rathi, AOR Mr. Kamal Kishore, Adv. Ms. Kajal Giri, Adv.
For the Respondent(s): Mr. V. Prakash, Sr. Adv. Mr. Senthil Jagadeesan, Sr. Adv. Mr. K.K. Mani, AOR Mr. G. Veerapathiran, Adv. Ms. T. Archana, Adv. Mr. Rajeev Gupta, Adv. Mr. Sanjay R. Hegda, Sr. Adv. Mr. D. Kumanan, AOR Mr. Sheikh F Kalia, Adv. Mrs. Deepa. S, Adv. Ms. Beno Deswal, Adv. Mr. Senthil Jagadeesan, Sr. Adv. Ms. Sonakshi Malhan, AOR Mr. Sabarish Subramanian, AOR Mr. Pranav Sachdeva, Adv. Ms. Neha Rathi, AOR Mr. Kamal Kishore, Adv. Ms. Kajal Giri, Adv. Mr. P. Rajendran,Adv. Mr. S. Beno Bencigar,Adv. Mr. Parijat Kishore,Adv.

JUDGMENT :

B.R. GAVAI, J.

Civil Appeal Nos. 4886 to 4889, 4892 and 5748 to 5750 of 2023

1. The present set of appeals challenge the judgment dated 3rd August 2022, passed by the Division Bench of the High Court of Judicature at Madras (‘Madras High Court’ for short), whereby the writ appeals being W.A. Nos. 82 and 95 of 2015 and 5251 of 2022 filed by the respondents herein were allowed and the order dated 23rd December 2014 passed by the learned Single Judge of the Madras High Court in Writ Petition No. 11148 of 2017 was quashed and set aside.

2. The facts giving rise to present appeals are as under:

    2.1 The employees are governed by Tamil Nadu State and Subordinate Service Rules and also Special Rules to govern different services in the State. The engineering staff comes under the Tamil Nadu Engineering Service and Tamil Nadu Engineering Subordinate Service.

    2.2 On 2nd January 1990, Public Works Department, Government of Tamil Nadu (hereinafter referred to as ‘PWD’) issued an order being G.O. Ms. No. 1 (hereinafter referred to as ‘G.O. No. 1’) accepting the recommendations of Chief Engineer, PWD (General) and the Tamil Nadu Public Service Commission (hereinafter referred to as ‘TNPSC’

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