JUDGMENT :

S. Srimathy, J.

(Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.8232 of 2019, dated 27.04.2022.

Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.11318 of 2019, dated 27.04.2022.

Writ Appeal filed under Clause 15 of the Letter Patent the order of this Court in W.P.(MD)No.10338 of 2019, dated 27.04.2022.

Writ Appeal filed under Clause 15 of the Letter Patent against the order of this Court in W.P.(MD)No.11319 of 2019, dated 27.04.2022.)

1. The Writ Appeal in W.A.(MD)No.497 of 2022, is filed against the order passed in W.P.(MD)No.8232 of 2019, dated 27.04.2022, filed by P.Thavam and eight others. The prayer in the Writ Petition is to issue a Writ of Mandamus forbearing the respondents from de-promoting the petitioners from the post of Road Inspector Grade II (Skill Assistant Grade II) to that of Gang Mazdoor on the ground that the pre-foundation course is not equivalent to SSLC.

2. The brief facts of the case as stated in W.P.(MD)No.8232 of 2019 are that the writ petitioners are presently working as Road Inspectors Grade II (Skill Assistants Grade II) in the Highways Department. All the petitioners were appointed as Gang Mazdoor on 10.11.1997. The qualification to be appointed in the said post is 5th standard pass and the writ petitioners had passed 5th standard. The next promotion for the post of Gang Mazdoor is Road Inspector Grade II (presently known as Skill Assistant Grade II). The Service Rules provides SSLC as a qualification to be appointed to the post of Road Inspector Grade II along with the experience as Gang Mazdoor for a period of five years. 25% of the post of Road Inspector Grade II would be filled up by promotion from Gang Mazdoor and the remaining 75% would be filled up by direct recruitment.

3. The contention of the petitioners is that the Madurai Kamaraj University conducted a Pre-Foundation course for those who had not passed SSLC. The said course is to undergone the course for a period of one year followed by exams on five subjects. Those candidates who had not completed 8th standard had to undergo an introductory course for a period of one year. The Government issued G.O.Ms.No.528, P and AR Department, dated 18.05.1985, wherein, it is directed that pre-foundation course of Madurai Kamaraj University is recognized as equivalent to SSLC of Tamil Nadu Government for the purpose of entry into public service in the State.

4. Based on the said G.O., the petitioners joined the pre- foundation course to acquire the qualification, so that the petitioners would be promoted as Road Inspector Grade II. The Highways Department had issued a G.O. in G.O.Ms.No.193 (HK3), dated 01.0.8.2008, prescribed the qualification as “must have passed 10th standard from a recognized School”. Again, the Government issued another G.O. in G.O.Ms.No.16, (HK3), dated 21.01.2009, wherein, it was amended “must have passed 10th standard examination from a recognized School or its equivalent examination duly recognized by the Government of Tamil Nadu”. Prior to this amendment the qualification prescribed is only pass in 5th standard.

5. The contention of the petitioners is that this amendment had cleared the hurdle in the petitioner's way to be promoted as Road Inspectors Grade II. The petitioners 1 to 3, and 5 completed pre- foundation course on 05.09.2008. The petitioners 4 and 6 completed the same on 27.04.2010. The petitioners 8 and 9 completed the same on 29.10.2010. Hence, all the petitioners are qualified to be promoted as Road Inspector Grade II. Considering the said qualification, the petitioners were promoted on various dates and the same is given in the following tabulation:

Sl.

No. Case Number Name of the Appellants Year of joining

pre-foundation Course in MK University Date and

year of completion course Date of promotion Date of reversion

1. W.A.(MD)No.497/2022 1.P.Thavam July, 2007 05.09.2008 11.08.2014 02.06.2022

2.S.Ayya