P RAMACHANDRAN Vs. A DAKSHINAMURTHY

JUDGEMENT

(1.) THESE four writ appeals are directed against the common order of learned single Judge, in and by which he disposed of two writ petitions. Respondents 4 and in W.P.No.8125 of 1982 are the appellants in W.A.No.1214 of 1988. The petitioners W.P.No.8125 of 1982 are respondents 1 and 2 in W.A.No.1214 of 1988. Respondents 1 in W.P.No.8125 of 1982 are respondents 3 to 5 in W.A.No.1214 of 1988. Respondents 5 7 to 12 are respondents 6 to 12 in W.A.No.1214 of 1988. Respondents 6, 7, 12, 15, 16 20 in W.P.No.8126 of 1988 are appellants in WANo.1215 of 1988. The petitioners in W.P.No. 8126 of 1988 are respondents 1 to 6 in W.ANo.1215 of 1988. Respondents 1 to 3 in W.P.No. 1826 of 1988 are respondents 7 to 9 in W.A.No.1215 of 1988. The other respondents W.P.No.8126 of 1988 are respondents 10 to 25 in W.A.No.1215 of 1988. W.A.Nos.199 200 of 1990 have been preferred by respondents 1 to 3 in each of the writ petitions, making the petitioners and the other respondents, respondents in these two Writ Appeals propose to refer to the parties as per their nomenclature in the writ petitions. W.P.No.8125 of 1982 related to the services of Geophysical Assistants in Tamil Nadu Engineering Subordinate Services Ground Water Wing of the P.W.D. W.P.No.8126 of 1982 related to services of Geological Assistants in the same service. It is not necessary to dwell minute service details of these personnel except to state that all of them got inducted the services pursuant to appointments under Rule 10(a)(i)(i) of the Tamil Nadu State Subordinate Services Rules - General Rules. It must be stated that all of them were and fully qualified and eligible to be inducted into the services. Their inductions into the services were at different points of time, and they have earned different tenure of services told that the maximum tenure of some of the personnel range to 14 years. regularise their services with effect from their date of joining duty was legitimately and felt and ultimately by G.O.Ms.No.349, Public Works Department, dated 7.3.1980, a concrete shape, when it was directed that a special test be conducted by the Public Service Commission exclusively for these personnel, namely, temporary and Geophysical Assistants, who are already working in the Ground Water Wing refer to the relevant proceedings preceding G.O.Ms.No.349, Public Works Department, 7.3.1980. On 2.3.1978, the Chief Engineer, Ground Water, Public Works addressed the Government as Follows:

(2.) ACTING upon the above letter, the Government addressed the Tamil Nadu Public Service Commission on 15.7.1978 as follows: To: The Secretary, TNPSC, Madras - 600 002. (W.C.). Sir, Sub: Establishment - Tamil Nadu Engineering Subordinate Service - Public Works Department - Ground Water Wing - Special selection for recruitment of Geological Assistants and Geophysical Assistants - Suggestion. Ref: From the Chief Engineer (Ground Water), Letter No.A2/5890/78 dated 2nd March, 1978. ----- I am directed to enclose a copy of the letter cited wherein the Chief Engineer (Ground Water) has suggested that the Tamil Nadu Public Service Commission may be requested hold a special selection for recruitment for the purpose of regularisation of services of temporary Geological and Geophysical Assistants in the Ground Water Wing of the Public Works Department. 2. The ad hoc rules for the posts of Geological Assistants and Geophysical Assistants issued only in December, 1977 and the posts were brought within the purview of the only in February, 1978. In the meantime 68 persons (46 Geological Assistants Geophysical Assistants) have been working in the Department in a temporary capacity some of them have put in long years of service. It has been represented that it hardship to them, if they are asked to appear before the TNPSC along with the candidates from the open market and run the risk of being not selected. Besides, the Department will lose the experience gained by the Officers in these essentially technical posts. circumstances, Government would request the TNPSC to hold a special Test exclusively departmental candidates who have put in not less than one year of service as on and who are qualified under the Rules, on the analogy of the Special Test ordered G.O.Ms.No.440, Public Works, dated 12.2.1971 in respect of Junior Engineers/ Supervisors.

(3.) THE Government made the last and the final say on the subject by directing the holding special selection exclusively for departmental candidates. What weighed with Government in coming to that conclusion can well be gleaned from the following passages G.O.Ms.No.349, Public Works Department, dated 7.3.1980: