JUDGMENT

R.SUBBIAH, J This intra-court appeal is filed against the order dated 07.06.2018 passed by the learned Single Judge in the Writ Petition in W.P.No.5290 of

2013, thereby allowing the said writ petition filed by the respondent herein.

2. The said Writ Petition No.5290 of 2013 was filed by the respondent herein to issue a Writ of Certiorarified Mandamus calling for the records relating to the order dated 29.04.2011 passed by the first appellant, quash the same and consequently direct the appellants to give notional promotion to the respondent as Workshop Instructor from 18.08.2010, when his juniors were given such promotion on 18.08.2010 with all attendant benefits including monetary and service benefits as applicable for Workshop Instructor and Instructor and to pay him back-wages as Workshop Instructor from 18.08.2010.

3. The facts, based on which the writ petition was filed by the respondent before the learned Single Judge, are required to be examined for disposal of this appeal.

4. The respondent herein/writ petitioner was a holder of Diploma in Electronics and Communication Engineering (DECE). The father of the respondent was employed as Skilled Assistant in the second appellant- Polytechnic. During the course of such service, he died on 16.12.1993 and therefore, the respondent herein was appointed as Skilled Assistant on 28.02.1996 on compassionate grounds. On 28.02.1998, the service of the respondent was also regularised. According to the respondent/writ petitioner, between 28.02.1996 and 30.01.2003, he was directed to work in the Workshop Foundry, and accordingly he worked in the Workshop Foundry. Subsequently, he was directed to work in Electronics Lab from 01.02.2003 to 02.06.2010, which duty he discharged without any complaint. In the meanwhile, with the permission of his employer, the respondent/writ petitioner pursued Bachelor of Technology (B.Tech) in Information Technology through College of Engineering, Anna University, Guindy. The respondent/writ petitioner also passed the said course during May 2004.

5. According to the respondent/writ petitioner, he was due for promotion to the post of Workshop Instructor on 28.02.2003 on completion of seven years in the cadre of Skilled Assistant as per G.O.Ms.No.2100, Education Department, dated 18.09.1981. It is the case of the respondent/writ petitioner that, some of the persons, who were appointed along with him, were given promotion to the post of Workshop Instructor, but the respondent/writ petitioner continued as Skilled Assistant without any promotion. In the meantime, G.O.Ms.No.421, Higher Education Department, dated 08.07.2004 was issued, in which, amendments were brought in the relevant Rules to substitute the expression "recognised Mechanical/Electrical Workshop" in the place of "recognised workshop" in Class II in the entries in items 2 (ii), 3 (ii) and 4 (ii) in column 4 against the category "9. Workshop Instructor". Subsequently, the Government issued G.O.Ms.No.220, Higher Education (B1) Department, dated 06.07.2009 by which, new Rules for the Tamil Nadu Technical Educational Subordinate Service, were framed, by superseding the Special Rules for the Tamil Nadu Technical Educational Subordinate Service. As per the amendments, the eligibility criteria for the post of Workshop Instructor, had been modified, with a Diploma in Mechanical or Electrical and Electronics Engineering or Electrical Engineering or the candidates should be in possession of I.T.I./N.T.C./N.A.T.C. Certificate in Mechanical/ Electrical subjects, with practical experience of not less than three years in a recognised Mechanical/Electrical workshop not below the rank of Skilled Operative/Assistant. According to the respondent/writ petitioner, for reasons unknown to him, the Diploma in Electronics and Communication Engineering had not been included as one of the subjects for promotion to the post of Workshop Instructor. By reason of non-inclusion of the Diploma in Electronics and Communication