R.ALAGURAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Writ of Mandamus has been filed to forbear the respondents from de-promoting the petitioner from the post of Road Inspector Grade-I (Skilled Assistant Grade-I) to the post of Road Inspector Grade-II (Skilled Assistant Grade-II) or as Gang Mazdoor on the ground that the pre- foundation course is not equivalent to SSLC.

(2.) The petitioner is presently working as Road Inspector Grade-I (Skilled Assistant Grade-I) in the Highways Department. He was initially appointed as Gang Mazdoor.

(3.) The learned counsel for the petitioner made a submission that the educational qualification fixed for appointment to the post of Gang Mazdoor was V-Standard pass. However, he possesses the qualification for the post of Gang Mazdoor, but not passed SSLC (X-Standard). The Service Rules for promotion to the post of Road Inspector Grade-II (presently known as Skilled Assistant Grade-II) prescribes the requisite educational qualification as SSLC. Besides the qualification, one must possess the experience as Gang Mazdoor for a period of five years. 25% of the post of Skilled Assistant Grade-II would be filled by way of promotion from the category of Gang Mazdoor and the remaining 75% will be filled up by direct recruitment. Admittedly, the petitioner is not possessing the requisite educational qualification of SSLC. However, it is contended that the petitioner has passed the pre-foundation course conducted by the Madurai Kamaraj University, which is an equivalent qualification to SSLC. As per the University Rules, candidates, who have not completed VIII-Standard were permitted to study pre-foundation course, which is an introductory course for a period of one year. The Government vide G.O.Ms.No.528, Personnel and Administrative Reforms Department, dtd. 18/5/1985 made clear that the pre-foundation course of Madurai Kamaraj University is to be recognised as equivalent to SSLC qualification for entry into public services in the State. Based on the above Government Order, the petitioner has joined the pre-foundation course and completed the same and thereafter, promoted to the post of Skilled Assistant Grade-II and further promoted to the post of Skilled Assistant Grade-I.