JEYAPRAKASAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) PETITIONER seeks Writ of Certiorarified Mandamus to quash the orders of the 1st Respondent dated 10. 11. 2006 and to direct the Respondents 1 and 2 to prepare the seniority list for appointment of Assistant Executive Engineers starting from the year 2001-2002 in accordance with rule 4 (a) of General rules of Tamil Nadu State and Subordinate Service.

(2.) BRIEF facts which led to the filing of Writ Petition are as follows:-

(3.) RESPONDENTS have filed counter stating that G. O. Ms. No. 37, Forest and Fisheries Department, dated 12. 1. 1983 issued orders for formation of an Engineering Wing in Fisheries Department with the personnel drafted from State Public Works Department and State Port Department. According to the Respondents, Director of Fisheries in Proceedings No. L1/9607/82-1 dated 03. 2. 1983 ordered that the personnel drafted from State Public Works Department and State Port Department are treated as Departmental transferees and they will be governed by the service rules relating to their respective category in their parent department. According to the Respondents, Petitioners who were coming under the Tamil Nadu Port Subordinate Service (for short TNPSS) and subsequently absorbed as the employees of the Tamil Nadu Maritime Board (TNMB) w. e. f. 18. 3. 1997, cannot seek for promotion as AEEs in Fisheries Dept. governed by the Special rules for Tamil Nadu Fisheries Service. According to the Respondents, Petitioners cannot claim any exclusive right for promotion to the post of AEEs in Fisheries Dept. since the service rules do not permit their appointment as AEEs in Fisheries Dept.