IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.09.2024 CORAM:

THE HONOURABLE MRS. JUSTICE N. MALA W.P.No.5864 of 2016 and W.M.P.No.5211 of 2016 R. Gunanithi ...Petitioner -Vs-

1. The Government of Tamil Nadu, represented by it Additional Chief Secretary, Public Works Department, Fort St. George, Chennai – 600 009.

2. The Engineer – in – Chief, Water Resources Department and Chief Engineer (General)

Public Works Department, Chepauk, Chennai – 600 005.

3. S. Durai

4. Sabanayagam

5. T.R.Ganesh ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, calling for the records in relating to impugned order passed by the first respondent vide G.O.(D).No. 33 Public Works (A1) Department dated 10.02.2016 and quash the same in so far as serial No. 5, 9 and 13 concern, consequently direct the respondents to promote the petitioner to the post of Assistant Executive Engineer (Electrical) in Public Works Department for the year 2015 – 2016 as per the amendment issued in G.O.Ms.No. 3037 dated 22.12.1986.

For Petitioner : Mr.M.R.Jothimanian For R1 & R2 : Mr.R. Kumaravel Additional Government Pleader For R3 to R5 : No appearance

O R D E R

This writ petition is filed seeking for Certiorarified Mandamus to quash the impugned order passed by the first respondent vide G.O.(D).No. 33 Public Works (A1) Department dated 10.02.2016 in so far as serial No. 5, 9 and 13 concern and consequently direct the respondents to promote the petitioner to the post of Assistant Executive Engineer (Electrical) in Public Works Department for the year 2015 – 2016 as per the amendment issued in G.O.Ms.No. 3037 dated 22.12.1986.

2. The case of the petitioner is that the petitioner was selected and appointed as Junior Engineer in 1989 -1990 batch by the Tamil Nadu Public Service Commission through direct recruitment and thereafter she joined as Junior Engineer on 22.11.1990 in the second respondent Department. The petitioner submits that the post of Junior Engineer was re-designated as Assistant Engineer in the year 1990 itself and she is now working as a Assistant Engineer (Electrical) in the Public Works Department, Chepauk, Chennai. According to the petitioner, the petitioner is fully qualified to the post of Assistant Executive Engineer (Electrical) in the Public Works Department as per the Government orders and special Rule for Tamil nadu Engineering Service. The petitioner's further case is that the crucial date for promotion to Assistant Executive Engineer is 1^st April of every year. The first respondent sanctioned 25 vacancies for the post of Assistant Executive Engineer (Electrical) in Public Works Department vide G.O.(D).No.343, Public Works (A1) Department for the year 2015-2016 and the same was approved on 16.12.2015. The second respondent prepared a panel among the Assistant Engineers/Junior Engineers in the ratio 3:1 under the Tamil Nadu Engineering Service Rules.

3. It is further stated that as per the amendment made to the Tamil Nadu Engineering Service Rules in G.O.Ms.No.3037 dated 22.12.1986, out of every five vacancies successively reserved for Diploma Holders in the category of Assistant Executive Engineers, the first four vacancies shall be filled or reserved to be filled by the recruitment by transfer from among Junior Engineers of the Tamil Nadu Engineering Sub-ordinate services and the fifth vacancy shall be filled or reserved to be filled by recruitment by transfer from among Head Draftsman Officer and Draftsman Grade -I of Tamil Nadu Engineering Subordinate Services. Therefore, the Junior Engineers recruited by TNPSC through direct recruitment should be placed above the Head Draftsman Officer and Draftsman Grade I of Tamil Nadu Engineering Subordinate Services. But the said rule was not followed by the second respondent while preparing panel for the year 2015-2016.

4. The petitioner further states that the respondents 3 to 5 wer