N V MOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner joined as Casual Labourer in the Public Works Department (shortly "PWD-) in 1956 and he worked on daily wages basis upto 1967. He was paid monthly salary from 1967. His services were provincialised with effect from 01.12.1972 vide G.O.Ms.No.450, PWD, dated 04.04.1974 and G.O.Ms.No.782, PWD, dated 20.06.1978. He was brought under regular establishment from 01.01.1977.

(2.) THE petitioner was attending to the soil tests, boring tests and load tests in Soil Mechanic and Research Division of PWD from 1981. In the said Division, there were four posts of Fitter Grade-II. However, three posts remained vacant. As per the Adhoc Rules approved in G.O.Ms.No.461, PWD, dated 15.03.1980, the educational qualification prescribed for the post of Fitter Grade - II was possession of I.T.I. Certificate in the Trade of Fitter with experience of not less than one year in the said trade.

(3.) THEREAFTER, the fourth respondent wrote a letter dated 08.09.1997 to the Superintending Engineer, Designs Circle, Chepauk, Chennai requesting him to get suitable orders for relaxation of educational qualification in respect of three Mazdoors, for the appointment to the post of Fitter Grade-II. The petitioner was one among the three Mazdoors. Further it is stated therein that as per G.O.Ms.No.3891, dated 26.08.1952, persons with previous experience, were appointed as Fitters, even if those persons did not possess the required educational qualification. He further requested the Superintending Engineer to get suitable order for relaxation of educational qualification.