R K RAVINDRAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is directed against the order of the Government viz., G.O.(3D) No.56, Public Works (B2) Department dated 22.3.2002, by which the Government complied with the request of the third respondent based on the recommendations of the Chief Engineer (General), appointing him as a Junior Engineer with effect from 25.8.1982 on par with his junior Thiru B.N.Ramachandran and redesignating him as Assistant Engineer with effect from 13.12.1984, the date following the date of last examination leading to his acquiring B.E. degree by recruitment by transfer for the purpose of seniority in the categories, however, restricting his eligibility for arrears of pay and allowances as Junior Engineer from 25.8.1982 and ordering his redesignation as Assistant Engineer from 13.12.1984 instead of 9.8.1986 as per the earlier order dated 27.3.1991.

(2.) THE petitioners, apart from respondents 3 to 5 are all engineering personnel in the Tamil Nadu Engineering Department, who are governed by the Special Rules to the Tamil Nadu Engineering Service as well as Special Rules to the Tamil Nadu Engineering Subordinate Service. It is stated that the category of Assistant Engineer and above up to Chief Engineer are covered under the Tamil Nadu Engineering Service, which is a State service and the categories of Junior Engineer, Draftsman and below are coming under the Tamil Nadu Engineering Subordinate Service.

(3.) IT is stated that the petitioners 1 to 3 were temporarily appointed as Assistant Engineers and selected by TNPSC for the years 1983-85 and got regularized from the initial dates of joining viz., 27.7.1983, 31.1.1984 and 15.2.1982, much earlier to 13.12.1984 the date from which the seniority of the third respondent was ordered to be reckoned. IT is stated that the 4th petitioner was selected by TNPSC in the year 1985-86 and he got 14th rank in the selection, whereas the third respondent got only 393rd rank in the same selection and therefore, it is not proper to fix the third respondent above the 4th petitioner. IT is stated that the Government issued a letter dated 27.3.1991, reckoning the seniority of the third respondent in the category of Assistant Engineer from the date of selection by TNPSC in the year 1986 and reviewing this order by the first respondent leading to the issue of impugned Government Order to reckon the seniority of the third respondent from 13.12.1984, is illegal. The impugned order is challenged by the petitioners on the above said grounds.