SOUNDARARAJAN Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY, PUBIC WORKS DEPARTMENT; ENGINEER-IN-CHIEF, WATER RESOURCES ORGANIZATION, PUBLIC WORKS DEPARTMENT; CHIEF ENGINEER, WATER RESOURCES ORGANIZATION, PUBLIC WORKS DEPARTMENT; EXECUTIVE ENGINEER, WATER RESOURCES ORGANIZ

JUDGEMENT

(1.) The Petitioner has filed the present writ petition seeking a relief of Certiorarified Mandamus to call for the records of the first Respondent in his letter No. 46853/C2 004-11 dated 12.02.2997 and subsequent to the fourth Respondent's proceedings No. ME.KU. No. PA.A1/1231/04 (347/07) Na. Pa, 3 10VARU/dated 28.02.2007 and the subsequent communication of the Assistant Executive Engineer, Gundar Basin Sub-Division, Thirumangalam, Madurai District in No. ME. KU. No. 108(4)G/2007(142) dated 06.03.2007 and quash the same and consequently direct the first Respondent to regularize the service of the Petitioner in the post of Work Inspector Grade II with effect from 01.01.1985 and to direct the Respondents to sanction at all the attendant and monetary benefits thereof.

(2.) The learned Counsel for the Petitioner submits that the Petitioner has been appointed as N.M.R(Nominal Mazdoor Roll) in the Office of the Fourth Respondent/The Executive Engineer, Water Resources Organization, Public Works Department, Gundar Basin Cirlce, Tallakulam, Madurai-2, on 03.06.1974. His job as per G.O. Ms. No. 193, Public Works Department, dated 25.01.1990 has been regularized with effect from 01.01.1985 as Head Mazdoor. In the meanwhile, for the period from 10.07.1985 to 24.01.1980, he has been working as Works Inspector Grade-II post for more than 41/2 years under the control of the Fourth Respondent.

(3.) It is the contention of the Petitioner that the qualification for the Work Inspector Grade-II, earlier has been fixed by the Government as per G.O. Ms. No. 461, Public Works Department, dated 15.03.1989, namely, the qualification for appointment of a person must be in S.S.L.C. passed with complete the course of Bifurcated Engineering. After the year 1970, the Bifurcated Engineering Course has not been conducted by any of the Institutions in the State. The Government required the Employment Exchange not to sponsor for the post of Work Inspector Grade II. But, no qualified individual possessing the Bifurcated Engineering Course enrolled in the Employment Exchange in the State.