A ALAGAMMAL Vs. CHIEF ENGINEER HANDRW

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) IT has been stated by the petitioner that she was appointed as an Assistant Draughtsman in the year 1981, having been sponsored through the employment exchange. The petitioner is a diploma holder in Architectural and Assistantship, which is a recognised qualification for the appointment. Later, she was promoted as draughtsman Grade-III, redesignated as Junior draughting officer, in the year 1983. She had continued in the said post for nearly 13 years till she was ousted from service on the ground of want of vacancy. However, she was once again reappointed during the month of July, 1983 and she has been continuing as such. By the impugned order, dated 26.8.1996, issued by the first respondent, the petitioner has been reverted to the post of Assistant draughtsman on the ground that the appointment of the petitioner as draughtsman Grade-III was irregular. The impugned order has been passed arbitrarily and in violation of Articles 14 and 16 of the Constitution of India and therefore, it is liable to be set aside. In such circumstances, the petitioner had preferred an original application in O.A.No.4928 of 1996, before the Tamil Nadu Administrative Tribunal, which has been transferred to this Court and renumbered as W.P.No.22890 of 2006.

(3.) IT has been further stated that the petitioner is not educationally qualified to the post of Assistant draughtsman in the highways and Rural Works Department, even though she was appointed to the post of Assistant draughtsman and later, promoted to the post of Junior Draughting Officer. When it was noticed that the petitioner does not have the qualification prescribed for the post of Assistant draughtsman or for the post of Junior Draughting Officer, it was brought to the notice of the Government for passing appropriate orders. The Government, after examining all the aspects of the case, had ordered the reversion of the petitioner as Assistant draughtsman, vide G.O.No.3(D) No.102 Public Works, (HM1), department, dated 16.5.1996. Based on the Government directions, orders were issued in proc.No.20486/NiruV3/89, dated 26.8.1996, by the Chief Engineer (Highways and Rural Works) Chennai, reverting the petitioner as Assistant draughtsman.