Advocates:
['M/S n SUBRAMANIYAN', 'M/S S NAMASIVAYAM', '', 'S RAJKUMAR', 'R BALAMBIGAI GOWRI', 'FOR R & R', 'M/S M DEVENDRAN SC', 'FOR R', 'GOVT PLEADER']

IN THE HIGH COURT JUDICATURE AT MADRAS

DATED: 26.10.2021

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN

W.P.No. 33541 of 2007

and

M.P.No.2 of 2007

1.K.Murugan

2.P.Krishnamoorthy

3.R.Anbarasan

4.R.Kunjjithapatham

...Petitioners

Vs

1. The Government of Tamil Nadu

Rep. By the Secretary

Public Works Department

Fort St.George, Chennai-9

2. The Chief Engineer(GI)

Public Works Department

PWD Campus, Chepauk

Chennai-5

3. The Tamil Nadu Public Service Commission

Rep. By its Secretary

Government Estate, Chennai-2

4. K.Ravindran

Assistant Engineer (PWD)

Water Resources Organisation

Mamallapuram

5. P.Sridhar

...Respondents

Prayer: Writ petition is filed under Article 226 of the

Constitution of India prayed to issue a WRIT OF Declaration

declaring the redesignations of the Junior Engineers on

acquiring B.E.Degree as Assistant Engineers in Public Works

Department ordered by the 2^nd respondent after 11.09.1985, in so

far as redesignating the Junior Engineers as Assistant Engineers

even before approval of satisfctory completion of probation in

the category of Junior Engineer and without preparing an

approved list of candidates following the procedure, criteria

etc., contemplated under the Tamil Nadu State and Subordianate

Service Rules, especially General Rules 4 and 36A and Special

https://hcservices.ecourts.gov.in/hcservices/

Rules to Tamil Nadu Engineering service by giving retrospective

effect from the day following the laste date of examination of

B.E.Degree and reckoning the seniority of such redesignated

Assistant Engineers from the aforesaid anterior date, is illegal

unconstitutional and void ab initio and consequently direct the

2^nd respondent to cancel all the orders of such redesignations

and fixation of seniority issued after 11.09.1985 and further

direct the 2^nd 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, evaluation criteria etc., as

contemplated under Tamil Nadu State and subordinate Service

Rules and Special Rules to Tamil Nadu Engineering Service and to

reckon the seniority of such Assistant Engineers appointed or to

be appointed by recruitment by transfer from Junior Engineers

only from the actual date of appointment and place them below

the last Assistant Engineer selected by Tamil Nadu Public

Service Commission whose select list was communicated to the 1^st

respondent in the same year as contemplated under rule 2(E) of

Special Rules to Tamil Nadu Engineering service.

For Petitioners :

Mr.N.Subramaniayan

For Respondents :

Mr.K.Magesh, Spl.Govt.Pleader

for R1 and R2

Mr.S.Namasivayam for R4 and R5

R3- No appearance.

O R D E R

This writ petition is filed seeking a direction to the 2^nd

respondent to cancel all the orders of redesignations and

fixation of seniority ordered by the 2^nd respondent on 11.09.1985

and to direct the 2^nd 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

https://hcservices.ecourts.gov.in/hcservices/

Special Rules to Tamilnadu Engineering Subordinate Service. The

categ