T S RAGAVAN Vs. SECRETARY TO GOVERNMENT, HIGHWAYS DEPARTMENT; CHIEF ENGINEER AND SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The Petitioner has filed the present writ petition seeking a relief of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the Second Respondent in his Letter No. Nir 5(1)/91364/2004 dated 23.08.2007 and to quash the same and further the Petitioner has sought for issuance of a direction to the Second Respondent to re-fix his pay in the category of Selection Grade Draughtsman Grade-I and to pay the consequential monetary and other retirement benefits.

(2.) The Petitioner was appointed as Road Inspector and joined on 04.04.1952. He was promoted as Draughtsman Grade-III with effect from 07.11.1957. Later, he was promoted as Junior Engineer on 15.11.1970. Being a I.T.I Group Certificate Holder in Civil Engineering, the Petitioner is fully qualified to hold the post of Draughtsman.

(3.) According to the Petitioner, he had not exercised his option to become Junior Engineer. However, he was promoted as Junior Engineer in view of the exigency of service, as there was acute shortage of qualified and experienced Technical Personnel in view of the formation of National Highways, Rural Roads Wing and several on going schemes in the early 1970. As such he was promoted as Junior Engineer and joined on 15.11.1970. His service in the category of Junior Engineer was also regularised by the order of the Second Respondent dated 10.12.1970. It was mentioned in the said order that pending fixation of pay in the post of Junior Engineer, he was entitled to draw his pay in the category of Draughtsman. He passed the requisite Departmental Examination in May 1972.