D ARAVINDHAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) IN view of the common questions involved in all these writ petitions, these writ petitions have been taken up for hearing together and disposed of by this common order.

(2.) THE tussle is between Assistant Engineers (B.E. Degree-holders) (hereinafter referred to as "AEs") and Junior Engineers (diploma-holders) (hereinafter referred to as "JEs"), who are working in the Highways Department, in the matter of promotion to the post of Assistant Divisional Engineers (hereinafter referred to as "ADEs"). THE petitioners in W.P.No,8870 of 2008 are AEs who challenge the promotion of the respondents 3 to 23 as Assistant Divisional Engineers from the post of JEs and to forbear the respondents 1 and 2 from promoting the respondents 24 to 28. W.P.No,9842 of 2009 has been filed by an association, whose members are AEs, seeking a writ of Mandamus to forbear the department from promoting JEs as ADEs unless such JEs have put in 10 years of service as JEs. W.P.No.10183 of 2009 has been filed by yet another similar association praying for similar relief. Writ petitions in W.P.Nos.9093 of 2008, 27694 of 2008, 9260 of 2009, 9838, 9839, 9857 to 9861, 10183, 10486 and 10577 of 2009 have been filed by AEs (B.E.Degree-holders) seeking for the same relief.

(3.) THE appointment of diploma holder (JE) with lesser experience as ADE earlier to the degree holder (AE) with higher qualification of B.E. Degree, is nothing but meriting the demerits and demeriting the merits which is in violation of Rule of Equality mandated under Articles 14 and 16 (1) of the Constitution of India and is also highly discriminatory. 4.