R. VENKATACHALAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) All the writ petitions have been filed challenging the Government Order in GO.(Ms) No.158 Public Works (D2) Department dtd. 1/11/2021 on the file of the first respondent insofar as paragraph 9(E) thereby making option final and irreversible.

(2.) The petitioners are working as Executive Engineer and Assistant Executive Engineer in Tamilnadu Water Resources Department(hereinafter called as 'WRD'). Originally, they were selected through Tamilnadu Public Service Commission(TNPSC) in the Combined Engineering Services Examination conducted for the year 1997-1998 for the post of Assistant Engineer in Tamilnadu Public Works Department. The Public Works Department (hereinafter called as 'PWD') was in charge of the works relating both to Water Resources and Construction & Maintenance of Public Buildings. The Government, as a policy matter, decided to bifurcate the Public Works Department into two Departments i.e. Water Resources Organisation and Building Organisation vide GO(Ms.)No.217 Public Works (D2) Department dtd. 8/11/2006. In order to effect the said bifurcation, a committee was constituted and by its recommendation, the first respondent passed order in GO(Ms.)No.36 Public Works Department dtd. 11/2/2008. Accordingly, options for the wings of Buildings / Water Resources were obtained often, but then were not given effect to. From the year 2006, recruitments to the lower category of Assistant Engineer was done separately for Water Resources Organisation and building organisations. After bifurcation and recommendations of the committee, issued various orders including ordering that transfer between two Departments is not possible and if at all any such situation arises, it will be considered as on deputation to other departments. In fact, all Senior Engineers, happened to be overlooked in getting promotions later to their juniors because of the options made in selecting departments, the overlooked seniors would be designated as well as be paid on par with their juniors.

(3.) Heard, the learned counsel appearing on either side.