TAMIL NADU NEDUNCHALAI THURAI SALAIPANIYALAR SANGAM Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU HIGHWAYS DEPARTMENT

JUDGEMENT

(1.) IN the first writ petition, the petitioner is the Association which is a registered society. They have come forward to challenge an order of the first respondent State Government, dated 24.3.2009 in proposing uniform punishment and the consequential direction issued by the second respondent, dated 30.03.2009 to all disciplinary authorities under his control and seeks to set aside the same. That writ petition was admitted on 28.4.2009. Pending the writ petition, this court ordered notice in the application for stay. Subsequently, that miscellaneous petition was closed and the writ petition was directed to be posted along with the subsequent writ petition filed by six petitioners. The respondent State has filed a counter affidavit, dated 3.5.2010.

(2.) IN the second writ petition, six petitioners have challenged the very same order dated 24.3.2009 passed by the first respondent and the consequential order of the second respondent, dated 30.03.2009 and also the order of reversion, dated 31.8.2009 passed by the third respondent pursuant to the instructions issued reverting the petitioners from the post of Road INspector Grade II to Gang Mazdoors and after setting aside the same, seeks for restoration to their original position as Road INspectors Grade II. When the writ petition came up on 18.09.2009, notice of motion was ordered and an interim stay was granted. Subsequently, the writ petition was admitted on 2.11.2010. A vacate stay application was filed by the State Government in M.P.No.3 of 2009. The said application was dismissed by this court on 16.12.2010. An application was also filed by certain third parties to get themselves impleaded in M.P.No.1 of 2010 and impleadment was also ordered. IN view of the inter-connectivity between the two writ petitions, they were heard together.

(3.) IT was contended that the duties of Gang Mazdoors comprised of supervising, maintenance of roads, clearing of roadside jungles, filling up of pot holes, for which only a pass in 5th standard was required. Such qualification was purposely fixed so that correct people can be absorbed and that the object can be achieved. The minimum general qualification is not prescribed and the people with higher qualification like SSLC, etc if appointed, they may not be suitable for carrying out the functions entrusted to them. They will be interested in their career advancement. Therefore, the candidates were selected only if they had studied upto 5th standard and not studied any further higher class. Certain Gang Mazdoors, who had studied in high schools and had even passed SSLC had suppressed their original qualification at the time of joining. But at the time of promotion, they had suddenly came up with higher qualification for getting promotions. Hence the Government had issued instructions.