G. RANI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. S. Thankasivan, learned counsel appearing for the appellant Mr. K. Venkataramani, Additional Advocate General, appearing for the respondent.

(2.) The appellant joined the Highways Department as Assistant Engineer on 03.10.1989 and after getting promotion from time to time, she is presently working as Superintending Engineer, Institutional Capacity Enhancement and Road Safety. According to the appellant there are nine wings in Highways Department and each wing is headed by a Chief Engineer. The feeder category for the post of Chief Engineer is Superintending Engineer only. The post of Chief Engineer is filled up by way of promotion from the post of Superintending Engineer. The service of all Engineers working in the Tamil Nadu Highways Department is governed by the Tamil Nadu Highways Engineering Service. According to the appellant, presently three vacancies arose for the post of Chief Engineer in the Highways Department as on 31.05.2016.

(3.) As per G.O. Ms. No. 1237, Personal and Administrative Reforms Department dated 05.11.1979, the crucial date for preparation of the annual list of approved candidates for promotion to the post of Chief Engineer, Superintending Engineer and Divisional Engineer has been fixed as 1stst Jan. every year. As per G.O. Ms. No. 440, Personnel and Administrative Reforms (Per.5) Department, dated 26.10.1990, the State Government has stipulated a condition that promotion/appointment as Head of the Department requires a minimum period of one year left over service for the candidate as a qualification to be eligible for promotion as Head of Department, the officer should have not less than one year period of left over service prior to the retirement. If a person is found short of one year left over service before retirement, he/she shall be compensated by appointing him as Officer on special duty with the same scale of pay as that of Head of Department.