K.VELUSAMY Vs. CHIEF ENGINEER/PERSONNEL

JUDGEMENT

(1.) This writ petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the 1st respondent in his proceedings in Memo No.010489/63/G3/G3(1)/2015-33 dated 25.06.2018 quash the same and consequentially direct the respondents to promote the petitioners to the post of Junior Engineer/(Electrical) Grade II based on G.O.Ms.39 dated 30.04.2014 and G.O.Ms.65 dated 02.07.2014 issued by Personnel and Administrative Reforms Department for internal selection under available vacancies of the respondent Corporation on par with their Juniors with effect from 19.12.2018 with all service and monetary benefits.

(2.) The case of the petitioners is that the petitioners are working as Commercial Inspectors in the respondent Board in respective Distribution Generation Circles. They have been working in a regular establishment and drawing regular time scale of pay. While the petitioners were in service, they sought permission of the respondents for pursuing Diploma Course in Electrical Engineering. After due consideration, the respondent Board issued permission letters for pursuing Diploma Course On Campus/Full time programme through Vertically Integrated Engineering Programme(VIEP) at Indira Gandhi National Open University(IGNOU). The petitioners have successfully completed their two year Diploma Courses in Electrical Engineering during the academic years 2010-2011, 2011-2012 and 2011-2012, 2012-2013 respectively. Next avenue for promotion to the petitioners is to the post of Junior Engineer(Electrical) Grade II. The petitioners having obtained Diploma in Electrical Engineering as per the relevant Rules they came within the zone of consideration for promotion to the post of Junior Engineer(Electrical) Grade II.

(3.) While matter stood thus, by impugned communication dated 25.06.2018, the claim of the petitioners came to the rejected on the sole ground that the Diploma obtained by them through Indira Gandhi National Open University (IGNOU), is not a valid Diploma since the same has been obtained through Distance Education mode. According to the petitioners, the rejection on the stated ground suffers from non application of mind, since the petitioners obtained Diploma by On Campus/Full time face to face programme which cannot be compared to distance education mode at all. Therefore, for all purposes, such Diploma is recognized and in fact, the University Grants Commission and the University in which the petitioners studied have recognized the Diploma for securing employment in public service including promotion.