The validity of promotions in light of Government Orders and the judgment of the Hon'ble Supreme Court.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus forbearing the respondents from de-promoting the Petitioner from the post of Road Inspector Grade I (Skilled Assistant Grade I) to the post of Road Inspector Grade II (Skilled Assistant Grade II) or as Gang Mazdoor on the ground that the prefoundation course is not equivalent to SSLC.)

1. The Writ of Mandamus has been filed to forbear the respondents from de-promoting the petitioner from the post of Road Inspector Grade-I (Skilled Assistant Grade-I) to the post of Road Inspector Grade-II (Skilled Assistant Grade-II) or as Gang Mazdoor on the ground that the prefoundation course is not equivalent to SSLC.

2. The petitioner is presently working as Road Inspector Grade-I (Skilled Assistant Grade-I) in the Highways Department. He was initially appointed as Gang Mazdoor.

3. The learned counsel for the petitioner made a submission that the educational qualification fixed for appointment to the post of Gang Mazdoor was V-Standard pass. However, he possesses the qualification for the post of Gang Mazdoor, but not passed SSLC (X-Standard). The Service Rules for promotion to the post of Road Inspector Grade-II (presently known as Skilled Assistant Grade-II) prescribes the requisite educational qualification as SSLC. Besides the qualification, one must possess the experience as Gang Mazdoor for a period of five years. 25% of the post of Skilled Assistant Grade-II would be filled by way of promotion from the category of Gang Mazdoor and the remaining 75% will be filled up by direct recruitment. Admittedly, the petitioner is not possessing the requisite educational qualification of SSLC. However, it is contended that the petitioner has passed the pre-foundation course conducted by the Madurai Kamaraj University, which is an equivalent qualification to SSLC. As per the University Rules, candidates, who have not completed VIII-Standard were permitted to study pre-foundation course, which is an introductory course for a period of one year. The Government vide G.O.Ms.No.528, Personnel and Administrative Reforms Department, dated 18.05.1985 made clear that the pre-foundation course of Madurai Kamaraj University is to be recognised as equivalent to SSLC qualification for entry into public services in the State. Based on the above Government Order, the petitioner has joined the pre-foundation course and completed the same and thereafter, promoted to the post of Skilled Assistant Grade-II and further promoted to the post of Skilled Assistant Grade-I.

4. The learned counsel appearing for the petitioner made a submission that the petitioner was promoted as Road Inspector Grade-II in the year 2009 and was further promoted as Road Inspector Grade-I in the year 2014 and as of now, he is working as Skilled Assistant Grade-I. While so, the respondents are initiating steps to revert the petitioner on the ground that the pre-foundation course undergone by the petitioner is not equivalent to the SSLC qualification in the State of Tamil Nadu as per G.O.Ms.No.144, Personnel and Administrative Reforms (M) Department dated 20.11.2017. It is contended that the said Government Order is not applicable to the petitioner, as he was already promoted as Skilled Assistant Grade-II in year 2009 and further as Skilled Assistant Grade-I in the year 2014. G.O.Ms.No. 144 was issued in the year 2017 and therefore, the said order cannot be retrospectively implemented so as to revert the petitioner from the post of Skilled Assistant Grade-I to Skilled Assistant Grade-II or Gang Mazdoor.

5. The learned counsel for the petitioner reiterated that when the prefoundation course is recognised by the Government of Tamil Nadu as early as in the year 1985 and the petitioner underwent the course and got promotions in the year 2009 and 2014, there is no other reason to revert the petitioner to the post of Road Inspector Grade-II or Gang Mazdoor based on the Government Order