K YOHAN Vs. TAMIL NADU POLLUTION CONTROL BOARD

JUDGEMENT

(1.) Heard the respective learned counsel appearing for the parties. The prayer in the writ petition is for quashing the impugned orders issued by the third respondent vide Ref.Lr.No.3928/EC.II/93-14 dated 25.8.93 and vide Ref.Lr.No.14029/EC.II/98-2 dated 1.7.98 and the consequential order passed by the respondents 1 and 2 in Board Proceedings vide Ref.B.P.Ms.No.47 dated 4.9.98.

(2.) Soon thereafter, the Board issued a clarification letter to the Government wherein it was specifically indicated that as per Tamil Nadu Pollution Control Board Service Regulations, the qualification prescribed for Junior Environmental Engineer which was re-designated as Assistant Engineer, is a Degree in Civil or Chemical Engineering and possessing Post-Graduate Degree is not the minimum qualification. Subsequently, the Board made further correspondence recommending that the persons who were having Post Graduate qualification in subjects like Structural Engineering or Environmental Engineering should also be given the benefit and the benefit extended to such persons should be got approved. However, subsequently by letter dated 26.8.97, the Government again stuck to its stand reflected in the impugned letter dated 25.8.93. Similar letter was again issued on 1.7.98. After such repeated refusal by the Government, the Board passed a resolution dated 19.8.98 to the effect that since the contention of the Board was not accepted by the Government, the orders sanctioning advance increments should be cancelled and the amounts paid should be recovered. At this stage, the writ petition has been filed.

(3.) A counter affidavit has been filed by the Board wherein the Board has again clarified the position that the minimum qualification required for the post of Junior Environmental Engineer which was subsequently re-designated as Assistant Engineer, was a Degree in Civil or Chemical Engineering and only preference was given to candidates having Master's Degree in Public Health Engineering or Environmental Engineering. However, it has been indicated that in view of the stand taken by the Government, the Board was forced to pass the impugned resolution.