- (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:- (i) Petitioners were initially appointed as Junior Engineers to look after the fishing Harbour works of Fisheries department under State Port Department. Petitioners along with others (Public Works Department) were transferred to the newly formed Engineering Wing comprising one Superintending Engineer, two Executive Engineers, seven Asst. Executive Engineers, 20 Junior Engineers constituted under the Director of Fisheries in G. O. Ms. No. 37 dated 12. 1. 1983. By the order dated 03. 2. 1983, the Director of Fisheries ordered that the staff transferred to Fisheries Department in the said G. O. will be treated as departmental transferees, and also ordered that their service conditions would be governed by the service rules of their parent department. Petitioners were working in Fisheries Department from 12. 1. 1983 and are being governed by the State Port Department Service Rules. They have become the Junior Engineers of the Fisheries Department. According to the Petitioners, vacancies in the post of Asst. Executive Engineers (AEEs) have accrued during the year 2001 itself. According to the Petitioners as per rule 4 (a) of General rule, if panel of AEEs been drawn every year, Petitioners ought to have been promoted earlier with higher scale of pay. (ii) Petitioners mainly relied upon G. O. Ms. No. 37 dated 12. 1. 1983 wherein Petitioners were ordered to be governed by the service rules of Port department in the Proceedings dated 03. 2. 1983 and thereafter, Petitioners continued in Fisheries department for 24 years. According to the Petitioners, they belong to Fisheries department only and they ought to have been appointed as AEEs by drawing panel every year as per rule 4 (a) of General rules. According to the Petitioners, Respondents are estopped from taking a stand contrary to the G. O. dated 12. 1. 1983. According to the Petitioners, the impugned letter dated 10. 11. 2006 that the Petitioners were not permanently absorbed in Fisheries department is totally a false statement and unsustainable.
(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.;