S MOHANRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed, seeking to quash the proceedings under Letter No.5235/C2/2006-07 dated 20.07.2006, issued by the second respondent, wherein, the claim of the petitioner to redesignate the post of semi skilled workman under Work Charged Establishment (in short WCE) of the Ground Water Wing as Work Inspector, has been declined and also for a direction to the first respondent to consider the claim of the petitioner to redesignate / promote in the light of G.O.Ms.No.1632 (PWD) dated 26.10.1977 of the first respondent.

(2.) HEARD Mr.G.Jeremiah, learned counsel appearing for the petitioner and Ms.V.M.Velumani, learned Special Government Pleader appearing for the respondents

(3.) THE fifth respondent, viz., the Chief Engineer, has filed counter, stating as follows: 4a. THE petitioner was engaged as NMR (Daily Wages) in Ground Water Division, Thanjavur initially on 02.05.1972 and his service was regularized in the post as Semi Skilled Workman with effect from 01.01.1978. He worked in Ground Water Division, Thanjavur and attained superannuation on 31.03.2010. 4b.Vide the Government Order in G.O.Ms.No.1632 PWD, dated 26.10.1977, the first respondent sanctioned scale of pay to certain categories under the provincialised WCE, based on the proposals sent by the Chief Engineer (Ground Water), Chennai. It was also ordered to merge the posts of Work Attendant, Pump Operator and Work Assistant with the corresponding posts on Public Works Department as indicated in the Annexure II of the said Government Order. Based on the Annexure II of the Government Order, the post of Work Attendant Grade I, SSLC passed and above was merged with the post of Work Inspector Grade-I and the post of Work Attendant Grade II, SSLC failed was merged with the post of Work Inspector Grade II. Work Attendant (others) with 5 years of service was merged as Helper (Grade I) and those who had less than 5 years of service were merged with the post of Helper Grade II. 4c. THE first respondent had passed the said orders when the Adhoc Rules for the posts under WCE were yet to be issued. In effect, persons were appointed to the posts under WCE pending issue of Adhoc Rules for the posts. THE first respondent in para 3 of the said Government Order had also ordered that the time scale of pay indicated in Annexure-I and Annexure-II to the orders be sanctioned only to those who were fully qualified to hold the post concerned. 4d. Though the petitioner was engaged by the Department as NMR, his services were not regularized until 31.12.1977 and he continued in the temporary capacity as Semi Skilled Workman from 02.05.1972 to 31.12.1977. THErefore, the petitioner is ineligible to stake any direct or indirect claim as per the orders of the first respondent in G.O.Ms.No.1632 PWD, dated 26.10.1977, as the first respondent had ordered the merger and consequent time scale of pay is only for persons who are fully qualified to hold the post of Semi Skilled Workman in which the petitioner was engaged was not covered by the orders of merger issued in the Government Order. 4e. THE first respondent, vide G.O.Ms.No.461 PWD dated 15.03.1980, had issued Adhoc Rules for the post of Work Inspector Grade-I, Work Inspector Grade-II, Helper Grade-I, Helper Grade-II and Semi Skilled Workman among other category of posts. THE Adhoc Rules shall be deemed to have come into force on and from 07.05.1966, which also provide for savings clause for the existing incumbents in explanation II of Rule 6 of the Adhoc Rules. According to the Adhoc Rules, the qualification prescribed for the following posts are as follows: Sl.No. Name of Post Qualification 13. Work Inspector Grade-I i) SSLC with bifurcated Engineering Courseii) Practical experience on Buildings (or) Design work for a period of not less than 2 years. 14. Work Inspector Grade-II SSLC with bifurcated Engineering Course 24. Helper Grade-I i) must have passed VIII Std in a recognized school 25. Helper Grade-II Must have studied upto Vth Std. 111. S.S.W.M 1) A pass in V Std. in a recognized school2) Experience of atleast one year in any workshop THErefore, it may be seen from the table that the qualification prescribed for each posts are different and distinct. As such the hierarchy of the posts and the status of the posts had been settled, defined and assigned. 4f. THE general principle of the service rules that persons holding the qualification prescribed to a post shall only be appointed to that post. As such, any request for redesignating a post with a corresponding post either with a higher qualification or lower qualification would create a back door entry for recruitment and would also violate the general principle of the service rules. Hence, the request of petitioner to redesignate the posts of Semi Skilled Workman, Helper Grade-I and Helper Grade-II with that of Work Inspector Grade I and Work Inspector Grade II after issuance of Adhoc Rules for the said posts would be legally untenable and would trigger of a similar request than persons who aspire to hold a post but does not possess the qualification prescribed for the post. THErefore, the benefit or concession of merger or redesignation, if any, after issuance of Adhoc Rules would violate the terms and conditions of the relevant rules and would set a bad precedent. 4g. THE qualification acquired by a person determines the suitability of that person to hold a post or not and is the primary basis for selection. This experience may be an added advantage, but is not the key factor for selection. THErefore, the first respondent, vide Lr.No.597528/PCII/98-1 dated 07.11.1981, rejected the request of the Association to redesignate the posts of Semi Skilled Workman and Helpers with that of Work Inspector. Consequent to the orders of the Hon'ble Division Bench of this Court in W.P.No.8940 of 1998 dated 09.10.2001, the first respondent, on 24.09.2002, called for remarks of the fifth respondent on the representation of the Association dated 26.08.2002. THEreafter, a proposal to redesignate only the eligible Semil Skilled Workman, Helper Grade-I and Helper Grade-II to that of Work Inspectors was sent by the fifth respondent to the first respondent vide Lr.No.D1/2204/2002 dated 21.02.2003. 4h. THE first respondent, who is the statutory authority for redesignating the posts as per the proposals of the fifth respondent, had examined the proposals on its merit. Finally, the first respondent in his Lr.No.44900/C2/04-10 dated 06.02.2006 had informed the third respondent with a copy to the fifth respondent that after issuance of orders on the recommendations of the Official Committee / One Man Commission 1998, the Government had not entertained any request for revision of scale of pay / redesignation / merger of posts / upgradation of post. Hence, the request for merger of Helper post with that of Work Inspector Grade-I & Work Inspector Grade-II is not feasible for implementation. THE precedent case mentioned in the writ petition relates to the orders from Head Mazdoor to Work Inspector Grade-II, but the petitioner has requested to appoint him as Work Inspector Grade-I, for which, Bifurcated Engineering course is also the prescribed requisite qualification. THErefore, any request for redesignating a post with a corresponding post either with a higher qualification or lower qualification would create a back door entry for recruitment and would also violate the general principle of the service rules. 4i.THE final stand of the fifth respondent in the counter is that claim of the petitioner to redesignate the post would be legally untenable, after issuance of Adhoc Rules for the said post and hence, he prayed for dismissal of the writ petition.