M SITHESPARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present writ petition has been filed, seeking for the following relief:

(2.) Both the petitioners herein are appointed as Junior Draughting Officers on 208.1986 and 16.07.1986 respectively in Agricultural Engineering Department. When they were appointed, they were in possession of Diploma in Civil and Rural Engineering and Diploma in Civil Engineering respectively and as such, they were qualified to be appointed as Junior Draughting Officers in Agricultural Engineering Department. Subsequently, both the petitioners appeared to have qualified in B.E. Degrees in 2004. According to the petitioners, they had put in 20 years of service as JDO and they had been languishing in the same post without any promotion all the years.

(3.) The services of the petitioners were governed by both the Tamil Nadu Agricultural Subordinate Service Rules and the Special Rules for Tamil Nadu Agricultural Engineering Service. The next avenue of promotion from the post of JDO is the post of Assistant Engineer (Agricultural Engineering) which was classified as Class V category as per the Special Rules governing the service conditions of the petitioners. As per the Special Rules, panel has to be prepared from among the candidates who acquired B.E.Degrees on the date of acquiring their qualification. The service Rules which had come into force from 1st February 1981 provide for appointment to Class V category, namely, Assistant Engineer in Agricultural Engineering either by 'direct recruitment' or 'recruitment by transfer' from among the holders of the posts of Assistant Soil Conservation Officer (ASCO), Junior Draughting Officer, Agricultural Engineering Foreman, etc. in Tamil Nadu Agricultural Subordinate Service. Quota has also been fixed as between the 'direct recruitment' and 'recruitment by transfer', at 91:9 ratio, namely, 91 by direct recruitment and 9 by recruitment by transfer' respectively. As per proviso to Rule 3 of the Special Rules, for the appointment to the post of Class V category by recruitment by transfer, list shall be prepared with reference to seniority of the candidates based on the date of acquiring B.E.(Civil) or B.E.(Mechanical) Degree. This proviso appeared to have been added as per the amendment issued vide G.O.Ms.No. 582 Agriculture Department dated 9.11.1995, which had come into force from 9th November, 1995.