S BALASAMBANDAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has originally filed O.A.No.4765 of 1992 on the file of the Tamilnadu Administrative Tribunal, challenging the order of the Chief Engineer, Public Works Department, dated 23.09.1991 and the same has been transferred to the file of this Honourable Court and re-numbered as W.P.No.14296 of 2006.

(2.) ACCORDING to the learned counsel for the petitioner, the petitioner, on completion of ten years of service in the cadre of Junior Assistant, is eligible for awarding of Selection Grade, but by the impugned order, the Selection Grade has been denied to the petitioner on the ground that the petitioner had not had the requisite qualifications, which are essential for promotion to the post of Assistant. But as per G.O.Ms.No.276, Public and Administrative Reforms (Personnel.S) Department, dated 07.08.1999, the Government has issued a specific order stating that the criterion that one should possess the qualifications, pass the tests, if any, which are essential for promotion to the next higher cadre need not be insisted for movement to the Selection Grade and Special Grade. In view of this Government Order, according to the learned counsel for the petitioner, the impugned order of the second respondent dated 23.09.1995 is prima facie illegal and the same has to be set aside.