A. SARAVANAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) By G.O.Ms.130, Rural Development Panchayat Raj (E3) Department dated 13.09.2019, an amendment was made to Rule 5 A of the ad hoc rules relating to the temporary post of Assistant Engineer in the Tamil Nadu Panchayat Development Engineering Service with retrospective effect from 24.02.2014 (the Impugned Amendment). The Petitioners challenge the Impugned Amendment and seek a declaration that such amendment is null and void and for a direction to the Respondents to prepare the panel of Assistant Engineers by transfer of service from the post of Overseer for the panel year 2015 by following Rule 5 A of the Tamil Nadu Panchayat Development Engineering Service Rules as it stood prior to the Impugned Amendment.

(2.) The Petitioners are employed as Overseers in different Panchayat Unions in the Rural Development Wing of various districts. They entered into service as directly recruited Overseers on 30.07.2010 through the Employment Exchange. The 3 rd and 4 th Petitioners obtained a B.E. degree before their appointment as Overseer. The 1 st and 2 nd Petitioners obtained a B.E. degree within two years from the date of their appointment. Admittedly, all the Petitioners obtained a B.E. degree much before the Impugned Amendment of Rule 5 A of the Tamil Nadu Panchayat Development Engineering Service Rules. The next avenue of promotion for the Petitioners is to the post of Assistant Engineer by transfer of service. In view of the fact that the Petitioners had completed four years of service and they were fully qualified and eligible for promotion, their names were included in the approved list and they were ranked as per seniority. Based on the approved list, the Respondents are required to draw-up a panel every year for purposes of promotion. The crucial date for such purpose as regards Assistant Engineers is the 1 st of March. As per Rule 5 A as it stood prior to the Impugned Amendment, the approved list of candidates for appointment by recruitment by transfer was required to be prepared with reference to the seniority of the candidates based on the date of passing the B.E. degree in Civil Engineering or a pass in Sections A & B Examination of AMIE conducted by the Institution of Engineers (India).

(3.) Rule 5 A, as it stood before the Impugned Amendment, was introduced by amendment under G.O.(Ms) No.295 dated 14.12.2001 with retrospective effect from 25.05.1998, and had been in force for a long time. On 24.02.2019, G.O.(Ms) No.19, Rural Development Panchayat Raj [E3] Department was issued and an amendment was proposed to Rule 5 A whereby the basis of preparation of the approved list was proposed to be changed such that the list would be prepared with reference to the date of joining as Overseer/JDO in the Rural Development Department instead of preparing the same on the basis of the date of passing the B.E. degree in Civil Engineering. The said G.O.(Ms) No.19 specifies that the necessary notification in the Tamil Nadu Gazette with regard to the amendment would be issued separately. Such notification came to be issued only on 13.09.2019 by way of G.O.(Ms) No.130, which stipulated, however, that the amendment shall be deemed to have come into force with retrospective effect from 24.02.2014.