IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.11.2025 CORAM THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.50752, 50753 & 50755 of 2025 P.Jegan .... Petitioner Vs

1.The State of Tamil Nadu, Rep. by its Additional Chief Secretary/Secretary, Highways and Minor Parts Department, Fort St.George, Chennai – 600 009.

2.The Director General, Highways Department, Guindy, Chennai – 25. .... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to proceedings vide Memo.No.11355/Nir2(3)/2025 dated 30.10.2025 passed by the second respondent, quash the same and consequently direct the respondents to grant promotion to the petitioner as Assistant Divisional Engineer from the date of acquiring his qualification for the said post within the stipulated time fixed by this Court.

For Petitioner : Mr.S.Karthikei Balan For Respondents : Mr.S.Yaswanth Additional Government Pleader

ORDER

This Writ Petition has been filed challenging the order dated

30.10.2025 passed by the second respondent, thereby rejecting the request made by the petitioner seeking promotion to the post of Assistant Divisional Engineer.

2.Heard the learned counsel appearing on either side and perused the materials available on record.

3.The petitioner was initially appointed as Assistant Draughtsman on

16.08.2001. Thereafter, he was promoted to the post of Junior Draughting Officer on 22.12.20224 and subsequently promoted to the post of Junior Engineer on 29.08.2015. The petitioner also acquired the qualification of Bachelor of Engineering in Civil and Structural as early as on 10.03.2010. His next avenue of promotion is to the post of Assistant Engineer. As per Rule 9 and 10 of the Special Rules for the Tamil Nadu Highways Engineering Service (hereinafter referred to as “Rules”), the petitioner is eligible to be appointed to the post of Assistant Divisional Engineer as and when vacancy arises. Further, as per the Rule 18 of the Rules, 75% of the posts of Assistant Engineer in the respondent department are to be filled up by Engineering Degree holders and the remaining 25% by Engineering Diploma holders holding the post of Junior Engineer. In fact, the feeder categories for promotion to the post of Assistant Divisional Engineer, consist of 25% from the category of Junior Engineers and 75% from the category of Assistant Engineers appointed by direct recruitment.

4.In fact, even after amendment of Rule 10 came into force by way of G.O.Ms.No.49, Highways and Minor Ports (HK1) Department, dated 02.04.2018, similarly placed seven persons, like the petitioner, were promoted to the post of Assistant Engineer from the feeder category of Junior Engineers under the 25% quota. Though the petitioner was eligible for appointment to the post of Assistant Divisional Engineer as early as in the year 2015, he was neither considered nor promoted. The petitioner had also approached this Court on several occasions and sought directions. However, the same were not considered. While being so, there was amendment in the Rules by G.O.Ms.No.49, Highways and Minor Ports (HK1) Department, dated 02.04.2018, which mandates that the persons must have served as a Junior Engineer for a period of not less than ten years for promotion to the post of Assistant Engineer. Accordingly, Rule 10 has been amended. It is the specific case of the petitioner that the said amendment is prospective in nature and cannot be applied to deny consideration of his claim for promotion, which had accrued prior to the amendment.

5.The learned counsel appearing for the petitioner submitted that the petitioner had completed ten years of service as Draughtsman as on 16.08.2011. As per Rule 10(c)(2)(b) of the Rules, a person is eligible for promotion to the post of Assistant Divisional Engineer on completion of not less than ten years of service either as Junior Engineer or Draughtsman. In the present case,