K. KARTHIKEYAN Vs. GOVERNMENT OF TAMILZ NADU

JUDGEMENT

(1.) Challenging the promotion panel prepared by the fourth respondent enclosing the seniority list for the post of Road Inspector Grade II in the fourth respondent division and the impugned order passed by the fourth respondent in Se.Mu.Ka.No.1688(2)/2014/A2, and to forbear the respondents 1 to 4, from promoting the respondents 10 to 12, for the post of Road Inspector Grade II in the fourth respondent division, contrary to the interim order passed by this Court in M.P.(MD) No.2 of 2014 in W.P.(MD) No.18054 of 2014, dated 10.11.2014, these Writ Petitions have been filed.

(2.) The case of the petitioners is that when at the time of their initial appointment as road worker in the respondent's Highways Department, they have possessed the qualification of 10th standard under regular stream of studies. Subsequently, their services were regularized on 10.11.1998. Next promotion from the post of road worker is Road Inspector Grade II, for which essential qualification prescribed in G.O.Ms.No.193/Highways and Minor Ports (HK3) Department dated 01.08.2008 is "must have passed 10th standard from a recognized school". As per G.O.Ms.No.34 Highways and Minor Ports (HK3) Department dated 29.01.2008, qualification for recruitment by transfer from the post of Gang Mazdoor/Road worker is i) must have passed S.S.L.C or Higher Secondary Examination in a recognized school. ii) Must have completed 5 years of service in the post of Gang Mazdoor and iii) Must posses a sound physique and obtain a Certificate of physical fitness from a medical officer. The same qualification was prescribed in G.O.Ms.No.16 Highways and Minor Ports (HK3) Department dated 21.01.2009. Moreover, it was clearly stated in G.O.Ms.No.34 that 75% vacancies in the post of Road Inspector Grade II shall be filled by directed recruitment and the remaining 25% by recruitment by transfer from the post of Gang Mazdoor i.e 3:1 ratio. But, the fourth respondent had passed a promotional order dated 23.09.2014 in Se.Mu.Ka.No.1688(2)/2014/A2 along with the impugned seniority list, the respondents 5 to 9 were promoted, whose qualification was 9th failed, 8th pass, 8th pass and 9th failed respectively, at the time their joining and they have completed pre-foundation course, while in service. As per G.O.Ms No.144 personal and Administrative Reforms (M) Department dated 20.11.2017, it is made clear that pre-foundation course and the foundation courses awarded by various universities cannot be recognized as equivalent to S.S.L.C., or Higher Secondary Course. In this regard, though the petitioners along with others have submitted their representation during 2014 itself, no action has been taken by the respondents. Hence, the petitioners have come up with these present Writ petitions.

(3.) The learned counsel for the petitioners submitted that though G.O.Ms No.144 Personal and Administrative Reforms (M) Department dated 20.11.2017 clarifies that pre-foundation course and the foundation courses awarded by various universities cannot be recognized as equivalent to S.S.L.C., or Higher Secondary Course, the respondent have promoted the persons, who are not having the prescribed qualification. Further, the learned counsel has relied upon the orders of this Court in W.P.(MD) No.22071 of 2015 and W.A.No. 213 of 2018. The learned counsel further relied upon the letter dated 08.04.2019, addressed by the Additional Secretary to Government, Highways and Minor Ports Department in Letter No.1704/H.R.1/2019-2 and prayed to quash the proceedings of the fourth respondent and to direct the fourth respondent to prepare a fresh appropriate panel for the post of Road Inspector Grade II, by placing the petitioner in the appropriate place and by granting all eligible service and monetary benefits.