O R D E R

This writ petition is filed seeking a direction to the 2nd respondent to cancel all the orders of redesignations and fixation of seniority ordered by the 2nd respondent on 11.09.1985 and to direct the 2nd respondent to appoint only the Junior Engineers, who are approved probationer in the category of Junior Engineer and who have acquired B.E. Degree after entering service as Junior Engineer, as Assistant Engineers by recruitment by transfer only after preparation of a list of approved candidates after following all the procedures as contemplated under Tamilnadu State and Subordinate Service Rules and Special Rules to Tamilnadu Engineering service.

2. It is averred in the writ petition that the Engineering personnel in the Tamilnadu Public works Department are governed by the Special Rules to Tamilnadu Engineering Service and Special Rules to Tamilnadu Engineering Subordinate Service. The category of Assistant Engineer and above, up to Chief Engineer, are coming under, Tamilnadu Engineering Service, a State Service, and the categories viz., Junior Engineer, Draughtsmen and below are coming under Tamilnadu Engineering Subordinate Service, a Subordinate Service. The category of Assistant Engineer was originally under Tamilnadu Engineering Service in G.O.Ms.No.496 dated 17.02.71 which was given statutory effect by the amendments issued retrospectively in G.O.Ms.Nos.1581 and 1582 even dated 11-09-85. Prior to issue of G.O.Ms.No.294 PWD dated 22-2-77, the Junior Engineers were known as Supervisors, the Assistant Engineers were known as Junior Engineers and Assistant Executive Engineers were known as Assistant Engineers.

3. The methods of recruitment for the post of Assistant Engineer when under Tamilnadu Engineering Subordinate Service were:

(i) Direct recruitment through TNPSC and (ii)By designating Junior Engineers who possess B.E. Degree as Assistant Engineers.

The aforesaid designation of Junior Engineers who possess B.E. Degree as Assistant Engineers was based on the provisions under the “Note” appended to the constitution of categories in Rule 1 of Tamilnadu Engineering Subordinate Service. The above said note was available in the rules even from 1950s. Even though part time B.E degree was introduced only during 1970s, the provisions under the said 'Note' were used to re-designate the Junior Engineers who acquire B.E. Degree as Assistant Engineers. The categories, Assistant Engineer and Junior Engineer, even though are separate and distinct categories, they occupy an office known as Section Office and the vacancies accruing in that Section office, i.e., in both categories of Assistant Engineers and Junior Engineers, every year shall be apportioned between Assistant Engineers and Junior Engineers at a ratio of 75%:25% (3:1). Accordingly the 75% of vacancies accruing every year in the category of both Assistant Engineer and Junior Engineer are filled by Assistant Engineers from degree holders and the balance 25% vacancies are filled by the Junior Engineers from the diploma holders.

4. The amendments were issued to Special Rules to Tamilnadu Engineering Service in G.O.Ms.Nos 1581 and 1582 both dated 11-09-1985, based on which the category of Assistant Engineer became 5th category in Tamilnadu Engineering Service and the method of Appointment to the category of Assistant Engineer thereafter became (i) By direct recruitment through TNPSC and (ii) By recruitment by transfer from Junior Engineers, overseers, civil draughts men who acquire B.E. Degree after entering service as Junior Engineer.

Thus the concept of the re-designation of Junior Engineer as Assistant Engineer on acquiring B.E. Degree came to an end on 11.09.1985, the date on which the rules were amended by bringing the category of Assistant Engineer as 5th category in Tamilnadu Engineering Service and the method of Appointment to the category of Assistant Engineer from Junior Engineer became recruitment by transfer thereafter. As per the amended rules, a Junior Enginee