T SEKAR Vs. V APPADURAI

JUDGEMENT

(1.) THESE two Writ Appeals are directed against the Order dated 1st September 2008, whereby and whereunder, the Highways Department was directed to consider the case of the First Respondent for promotion as Superintendent Engineer if he was otherwise eligible.The Facts:

(2.) THERE are two sets of Appeal - one at the instance of the Government and the other at the instance of private parties. The facts as noted in W.A. No.1190/2008 are taken for the purpose of narrating the background facts.

(3.) BEFORE the learned Single Judge, the Government as well as Appellants contended that the Government have taken a policy decision in respect of promotion of Executive Engineers as Superintending Engineers and as per the said decision, diploma holders shall be considered for promotion only up to the level of Executive Engineer. Accordingly, a Government Order in G.O.Ms.No.270 dated 20.09.1984 was issued by the Municipal Administration and Water Supply Department. In S1.No.3 of the said Government Order, it was indicated that the impugned rules shall be applicable not only to the Municipal Administration Department but also to the employees of other Departments, including the Highways Department. The First Respondent was excluded from the zone of consideration on account of the fact that he was only a diploma holder, ineligible for promotion as per the revised policy decision of the Government.