V KANDASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (PRAYER IN W.P.No.34848: This writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling for records relating to the first respondent's proceedings made in Letter No.31467/ DOI/97-1 Transport (DO.I) Department dated 08.01.1998, to quash the same, and consequently direct the respondents to implement G.O.Ms.No.268 Transport (G.O.I) department dated 14.11.1997 forthwith for the purpose of promotion to the Managerial Cadre.) Common Order: In all these Writ petitions the subject matter in question is in respect of the portion of the Common Service Rule originally created by the Pallavan Transport Corporation in so far as it relates to the promotion to the post of Assistant Manager from the cadre of Assistant Engineers in making the quota of 3:1 from the Degree holders and Diploma holders respectively on the basis that the discrimination among the Assistant Engineers for the purpose of promotion to the next post on the basis of Degree holders and Diploma holders as illegal.

(2.) THE petitioners in these cases are either the Association of Engineers or individuals, who have been appointed as Junior Engineers in various Transport Corporations on the basis of their Diploma qualification in Engineering and thereafter promoted as Assistant Engineers which post is filled up either by direct recruitment from the holders of Degree in Engineering or promotion from the Junior Engineers, who were the Diploma holders. THEir case is that after they were promoted to the post of Assistant Engineer either by promotion or persons appointed directly from the Degree holders there was no distinction and therefore according to them, for the nest post of Assistant Manager they have to be treated equally like the other Assistant Engineers who were appointed from Degree holders and there cannot be a further discrimination of restricting their rights as 3:1, namely, three fourth of the Assistant Engineers to be promoted from among the Degree holders in the post of Assistant Manager and one fourth of the Assistant Engineers from the Diploma holders to be promoted to the post of Assistant Managers.

(3.) ACCORDING to the petitioners a person, who has completed 5 years as Assistant Engineer is eligible for the next post of Assistant Manager. There are 250 posts of Assistant Manager vacant in the various Transport Corporations. It is also admitted that in respect of Supervisory group there is a Common Service Rules as adopted by the respondent Corporations as per G.O.Ms.No.1373 dated 02.12.1985. As per the said Rules, Rule 59, contemplates the appointment to any category, which starts from the categories of post in working group and miscellaneous group in Traffic Department, Technical Department and Administrative Department and proceeds to the Supervisory groups in the Traffic Department, Technical Department and Administrative Department and ends with the Managerial cadre in the above said departments. Therefore, there are working groups, Supervisory groups and Managerial cadre, which are the hierarchy of posts in the department.