MANAGING DIRECTOR TAMILNADU WATER SUPPY AND DRAINAGE BOARD Vs. TAMILNADU WATER SUPPLY AND DRAINAGE BOARD SC/ST EMPLOYEES WELFARE ASSOCIATION

JUDGEMENT

(1.) THESE two appeals are directed against the order dated 19.11.2004 passed by a learned single Judge in W.P. No: 7643 of 1997 filed by the 3rd respondent and aggrieved association seeking for an order to quash the proceedings of the 3rd respondent dated 04.04.1997 made in Ms. No: 131.

(2.) HEARD Mr. R. Muthukumarasamy, learned senior counsel appearing on behalf of Mr. A. Jinasenan, counsel for the appellant in W.A. No: 674 of 2005 Mrs. Sudarsana Sundar, appearing for the appellant in W.A. No: 357 of 2005 Mr. Balasubramaniam, Additional Government Pleader appearing for respondents 2 and 3 and Mr. Ganesh Babu, learned counsel appearing for the 1st respondent in W.A. No: 357 of 2005.

(3.) MRS. Sudharshana Sundar, learned counsel appearing for the appellant in W.A. No: 357 of 2005, the 3rd respondent in the writ petition, submitted her arguments in the same lines as put forth by the learned Senior Counsel. She would further submit that the Board had followed the reservation policy in appointment as in rule 22 of the General Rules of the Tamil Nadu State and Subordinate Services for the direct recruitment of all the posts. As per regulation 8 of the said Board, all appointments shall be made in the order of rotation as prescribed by the Government of Tamil Nadu from time to time and in case of non-availability of qualified and suitable candidates belonging to S.C./ S.T. / B.C. / M.B.C. and D.C. for the selection of appointment the seats so allotted to them shall not lapse but the unfilled vacancies reserved for S.C./ S.T. / B.C. / M.B.C. and D.C. should be carried over to the four consecutive recruitment years namely the year of recruitment plus three subsequent years as per G.O. Ms. No: 34 BCC Department dated 02.05.2000. She would further submit that after passing of G.O. Ms. No: 1 P.W.D. (B2) Department dated 02.01.1990, the persons in the post of Junior Draughting Officer / Drafting Officer / Overseer and Technical Assistant in P.W.D. who had put in five years of service and acquired B.E. / A.I.M.E. Qualification will be eligible to be appointed as Assistant Engineer on transfer of service and according to the said Rule, 59 persons were selected for appointment to the post of Assistant Engineers in the Board on transfer of service according to seniority in their service cadre dated 30.03.1990 since Rule of Reservation is not applicable to the recruitment on service. However, she would further submit that the similar G.O. Ms. No: 2337 PWD dated 06.11.1990 permitting the appointment of junior drafting officers/drafting officers/ overseers, etc. to the post of Assistant Engineers on temporary post on acquiring B.E. / AI.M.E. Degree was rescinded by the Government by passing G.O. Ms. No: 860 Public Works (HRD) Department dated 26.10.1995 and it did not mention G.O.Ms. No: 1 / PWD (G1) dated 02.01.1990 and it is still operative. Therefore, she would further add that the Board's resolution and proceedings passed in B.P. Ms. No: 131 dated 04.04.1997 on the same lines of the said G.O. Is also valid and with a view to give scope for departmental candidates to get benefit by acquiring B.E. / A.I.M.E. Degree and put up service of five years and in the said mode also the representation of the S.C. / S.T. candidates were given proper quota and, therefore, the order quashing the said proceedings is liable to be set aside. She would also submit in her arguments that the selection of candidates for any post will be placed before the Selection Committee / Board in accordance with the rules and regulations of the Board along with instructions given by the Government from time to time and, therefore, there is no infirmity in the appointments done during 1997 by following the ratio 1 : 2 for direct recruits and departmental candidates. Therefore, she had sought for setting aside the judgment of the learned single Judge and the appeal be allowed.