The court upheld the principle of maintaining a 3:1 ratio between direct recruitment and recruitment by transfer for the appointment of Assistant Engineers, based on the relevant government orders and rules.

(Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus as stated therein.)

P. Sathasivam, J.

The Association of Engineers, Tamil Nadu Public Works Department, Chepauk, Chennai-5, through its General Secretary A. Veerappan, has filed the above writ petition seeking to quash the order of the Tamil Nadu Administrative Tribunal, Chennai made in O.A.No.3348 of 1994 dated 17.04.1997 and consequently, direct the respondents 2 to 4 to forthwith comply with the process of selection and appointment of Assistant Engineers, pursuant to the advertisement given by the 4th respondent - Tamil Nadu Public Service Commission (in short ‘TNPSC’), Chennai-2 in Advertisement No.9/94.

2. According to the petitioner, the petitioner Association has been formed as a non-political and non-profit making service organization at the State level as early as in 1936 and recognized by the Government of Tamil Nadu to represent and agitate, through lawful means, the grievance of members of the petitioner Association and to ameliorate their conditions of service and also to vindicate the rights of its members, who are all Graduate Engineers.

3. The relief sought for by the applicants in O.A.No.3348 of 1994 before the Tamil Nadu Administrative Tribunal - first respondent herein, is a direction to quash the Advertisement No.9/94 of the TNPSC for the post of Assistant Engineers and consequently, consider the claim of the applicants in the said original application for appointment as Assistant Engineers on the basis of G.O.Ms.No.1/90 PWD dated 02.01.1990 and G.O.Ms.No.88/91 PWD dated 22.01.1991 with all benefits, perquisites, privileges etc., in the vacancies from 1986 onwards. G.O.Ms.No.1, Public Works Department, dated 02.01.1990 brought in certain changes to the Tamil Nadu Engineering Service. The said Government Order is of administrative character and till date, no amendments under Article 309 of the Constitution have been made. However, as per the said Government Order, Junior Drafting Officers, Drafting Officers, Overseers and Technical Assistants in the Public Works Department, who have put in five years of service will be eligible to be appointed as Assistant Engineers by recruitment by transfer of service on acquiring B.E.,/A.M.I.E., qualification. The practice hitherto is that those persons in service in the said categories, who acquired the qualification of B.E./A.M.I.E. degree either by undergoing regular course or by attending evening college, are eligible to be considered for appointment through TNPSC, with age relaxation, if any. The said Government Order affects the entire administration and method of recruitment vis-`-vis the recruitment by TNPSC. The petitioner Association was addressing their grievance at all levels, bringing out the injustice, which is sought to be meted out to the graduates who are afresh from the College. In the Department of Highways and Rural Works, there is no scope for appointment of Assistant Engineers by recruitment by transfer of service from among those who acquired the degree qualification. The persons who acquired the degree qualification are eligible and entitled to make their claim through TNPSC as and when vacancies are notified as specified in G.O.Ms.No.3037 Public Works Department dated 22.12.1986. Even till date, the said Government Order, viz., G.O.Ms.No.1/90 PWD dated 02.01.1990 has not been implemented, since no statutory amendments have been issued to the existing Service Rules in the Tamil Nadu Engineering Service of Public Works Department.

4. While the matter stood like this, the applicants in O.A.No.3348 of 1994, approached the first respondent Tribunal with a prayer referred to above. Similar applications have also been filed by other individuals and Technical Assistants. The Tribunal without proper appreciation of facts and on a mistaken view of law governing the issue, while accepting the stand of the petitioners to some ex