R. GOPALAKRISHNAN Vs. PRINCIPAL SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed to declare Clause (ii) of Rule 5(a) of the Tamilnadu Backward Classes Welfare Subordinate Service Rules, 2014, as invalid, discriminatory and violative of Article 16 of the Constitution of India and for a consequential direction to the respondents 1 and 2 to promote the petitioner as a Jeep Driver on par with his juniors with all service benefits.

(2.) The petitioner was appointed as a Cook Assistant, on consolidated pay, pursuant to the proceedings issued by the third respondent, dated 12.04.1991. His services were regularized as Cook on 01.07.1998 and he was given Selection Grade with effect from 2008 on completion of ten years of satisfactory service. At present, he is working as a Cook in the Government Denotified Welfare Students Hostel at Kothamangalam in Pudukottai District.

(3.) The petitioner's case is that when the Government framed Rules for the post of Jeep Driver in the year 2014, the said post was to be filled up from the revenue units of the District concerned. Therefore, the persons, who are eligible to be appointed in the post of Jeep Driver and working in the post of Watchman in the Revenue Department, were posted as Jeep Drivers till a separate Rule was framed by the first respondent for promotion to the post of Jeep Driver from eligible candidates, who were working as Cook and Watchman in the first respondent Department. Since the persons working as Cook and Watchman did not have any further avenues, representations were made by them and after about nearly ten years, the Government framed adhoc Rules termed as "Tamilnadu Backward Class Welfare Sub-ordinate Service Rules, 2014 and the said Rules came into force with effect from 01.08.2014.