V. NARAYANASAMY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS writ petition arises out of a common order of the Central Administrative Tribunal called in short CAT, Madras Bench, Chennai dated 29.04.2014 made in O.A. No. 1487 of 2010, O.A. No. 67 of 2012 with Contempt Application No. 310/00010 of 2014. The writ petitioner and two others who are employed as Work Inspectors in the Public Works Department of Union Territory of Puducherry and similarly placed Work Inspectors, filed O.A. No. 67/2012 for setting aside the order of the 4th respondent in his Order No. 1 -2/PW/CE/AC3/Pro/2008 -11 dated 11.01.2012 as highly illegal, violative of Articles 14 and 16 of the Constitution India and violative of the doctrine of equality and to direct the respondents 1 to 4 to promote them as Overseers in accordance with their seniority in the post of Work Inspectors. The Tribunal disposed of the application with the following directions:

(2.) AGGRIEVED by the same and praying for the issue of a writ of certiorarified Mandamus for quashing the said order of the Tribunal dated 29.04.2014 made in O.A. No. 67 of 2012 and for a consequential direction to the third respondent to promote the petitioner as Overseer as per the seniority list published on 15.10.2008, the petitioner is before this court.

(3.) IN exercise of powers conferred by the proviso to Article 309 of the Constitution of India, the Government of Pondicherry [Overseer (Senior Grade), Overseer (Junior Grade) and Work Inspector] Recruitment Rules, 1991, came to be framed and notified in G.O. Ms. No. 24 dated 13.05.1991 in the Land Administration and Public Works Department of Union Territory of Puducherry. Schedules 1 to 3 of the said rules prescribe the qualifications, method of recruitment and scales of pay for the posts of Overseer (Senior Grade), Overseer (Junior Grade) and Work Inspector respectively. The educational and other qualifications for the post of Work Inspector in case of direct recruitment shall be possession of an ITI Certificate in Building Construction or its equivalent. In case of promotion, they should have passed the prescribed test before being appointed as Work Inspector. The method of recruitment to the post of Overseer (Junior Grade) was by promotion, failing which direct recruitment would be resorted to. The cadre of Work Inspector was feeder category for promotion to the cadre of Overseer (Junior Grade). The qualification for being promoted as Overseer (Junior Grade) was that one should have worked as Work Inspector for five years in regular service and should possess an educational qualification of 8th standard pass and a pass in the prescribed test. So far as promotion to the post of Overseer (Senior Grade) was concerned, in addition to the experience prescribed to the post of Overseer (Junior Grade), a further requirement of putting in regular service for two years as Overseer (Junior Grade) had been prescribed.