P SREENIVAS SUNDAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE writ petitioner in both the cases is one and the same. In W.P.No.22393 of 2008, the writ petitioner seeks to quash the G.O.(D) No.461 Public Works (A2) Department, dated 5.9.2008 by which the post of the petitioner as Superintending Engineer was upgraded as Special Chief Engineer and also to direct the respondent to promote the petitioner as Chief Engineer. In W.P.No.24123 of 2008, the petitioner seeks a direction against the respondent to consider the representation of the petitioner dated 12.9.2008 by which he seeks for refixation of his pay from 1998-99 onwards as Executive Engineer then as Superintending Engineer and thereafter as Chief Engineer with effect from 30.6.2006 onwards.

(2.) THE petitioner joined in the respondent Department as Assistant Engineer on 4.10.1972 and his services were regularised after he appeared in the examinations conducted by the Tamil Nadu Public Service Commission with effect from 4.10.1972. He was promoted as Assistant Executive Engineer in November, 1984. While he was working as Assistant Executive Engineer (Building) at Nagercoil in 1993, the Government has proposed to instal steam laundry equipments in 16 Government Hospitals. Out of the estimate sanctioned by the Chief Engineer viz., Rs.55,00,000/- for the said work, Rs.37 lakhs was earmarked for procurement of steam laundry equipments based on the tentative estimate prepared and the Government has also released the fund in March, 1993.

(3.) IN the counter affidavit filed by the respondent, the respondent has clearly stated that pursuant to the order of this Court, by resorting to original seniority, the petitioner was ordered to be entitled for notional promotion as Executive Engineer, Superintending Engineer and Chief Engineer if he is found eligible. According to the respondent, as per G.O.Ms.No.245, Public Works (A2) Department, dated 8.8.2007, a Superintending Engineer is fit for promotion as Chief Engineer in Public Works Department provided he has a minimum period of one year of left over service before retirement at the time of actual promotion. Since the petitioner was having less than one year left over service, having been promoted as Superintending Engineer on 12.3.2003, he was found not eligible for the actual promotion to the post of Chief Engineer who is the Head of Public Works Department. It is further stated by the respondent that in accordance with the contents of G.O.Ms.No.631, Public Works (A2) Department dated 23.10.1997, the petitioner was given appointment as Special Chief Engineer, Public Works Department with the same monetary benefit as that of Chief Engineer from the actual date of assumption of charge of the post. The respondent has also stated that the petitioner has not chosen to join in the post of Special Chief Engineer till his date of retirement and therefore on 31.10.2008 the petitioner retired as Superintending Engineer and there is no lapse on the part of the respondent. It is also stated that the petitioner has been actually promoted as Special Chief Engineer with the same monetary benefit as that of Chief Engineer and the petitioner was duly considered for promotion and appointed as Special Chief Engineer according to his eligibility conditions as per Special Rules.