T KANNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is an unemployed Engineering Graduate and claims to get considered for the post of Assistant Engineer by direct recruitment in various Departments of the State Government such as Public Works Department, Highways Department, Agricultural Engineering Department, Rural Development Department and in various autonomous Boards such as Tamil Nadu Water Supply and Drainage Board, Tamil Nadu Electricity Board, etc.

(2.) BY a notification dated 30. 11. 2006, the third respondent Tamil Nadu Public Service Commission [for short, 'tnpsc'] has invited applications from the B. E. Civil Engineering Degree holders to fill up 569 vacancies in the post of Assistant Engineer in Public Works Department by direct recruitment. The petitioner is one of the applicant for the said post. According to the petitioner, the respondents 4 to 29 are holding the post of Assistant Engineer in terms of Rule 2 (a) of the Special Rules to Tamil Nadu Engineering Service [for short, 'rules'] without following the rule of reservation. Therefore, if they have been sent out of the said post, greater number of posts would be available for candidates, who have applied for the said post through direct recruitment. Therefore, he is seeking for issuance of a writ of declaration declaring Rule 2 (a) of the Special Rules (Part - II) to the Tamil Nadu Engineering Service of Branch - I, Public Works Department in so far as it relates to providing for recruitment by transfer as illegal and consequently, modify the notification dated 30. 11. 2006 so as to replace the candidates appointed by recruitment by transfer since 19. 7. 1994 and to advertise for more number of posts for direct recruitment.

(3.) UNDER the Special Rules framed under Article 309 of the Constitution of India, for the post of Assistant Engineers, there are two sources of recruitment, viz. , one is by direct recruitment and the other is the recruitment by transfer from Junior Engineers, Overseers, Head Draftsmen or Civil Draftsmen of the Tamil Nadu Engineering Subordinate Service.