- (1.) The appellant has come up in appeals, questioning the adjudication made by the Tribunal, which has been affirmed by the High Court. The Tribunal had directed with respect to the posts of Assistant Engineers that the same shall be filled up in the ratio of 3:1, with reference to direct recruitment and recruitment by transfer from the eligible persons holding basic qualifications as per rules.
(2.) The case has a chequered history. In the year 1972, Government order, i.e., G.O.Ms.No.1745 dated 10th October, 1972 was promulgated, which amended the Special Rules for the Tamil Nadu Engineering Subordinate Service for appointment of Overseers, Head Draftsmen or Civil Draftsmen possessing L.C.E. and A.M.I.E. (India) qualification with a minimum service of three years as Junior Engineers re-designated as Assistant Engineers. The following amendment had been made in the said Rules:"Amendment In the said Special Rules in Schedule-II to Branch 1 of Part-II after the existing proviso under Item-5(IV)(C) in Col.2 against the item 'Supervisors' in Col(1) the following shall be added, namely:- "Provided further than an Overseer or Head Draftsman or Civil D'Man (possessing diploma in Civil Engineering and A.M.I.E. (India) qualification shall be eligible for appointment as Junior Engineer if he has rendered service for less than three years'."
(3.) As per the aforesaid amendment made, the Overseers or Head Draftsmen or Civil Draftsmen possessing the qualification of Diploma in Civil Engineering and the qualification of A.M.I.E. (India) were eligible for the posts of Junior Engineers. It was followed by another Government order, i.e., G.O.Ms.No.1356 dated 2.8.1980, which contained the proposal of the Government in paragraph 3, with respect to the promotion to the post of Junior Engineers and Supervisors, equivalent to Assistant Engineers and Junior Engineers respectively. A suggestion was made that quota should be filled up by way of transfer from the cadre of Head Draftsmen and Draftsmen, on acquiring the degree, qualification or its equivalent. Paragraph 3 is extracted hereunder: "3. The Commission, is of the view that a person holding the post of Overseer and Draftsmen, Grade II and III carrying a lower pay cannot be equated to a person holding the higher post of Junior Engineer (now Assistant Engineer) on acquiring the degree qualification for the purpose of appointment to the still higher post of Assistant Engineers (now Assistant Executive Engineers) and that while considering him for promotion to a higher post, the rank held by him and the pay drawn by him in the lower post cannot be wholly ignored. The Commission is of the opinion that the provision made in the amendment issued in 1972, viz. Automatic conversion of Overseers/Head Draftsmen/Civil Draftsman as Assistant on acquiring A.M.I.E. qualification with three years service is correct and that the anomaly should be set right. The Commission has therefore, suggested that Head Draftsmen and Draftsman Grade alone, whose scale of pay is higher than those of Junior Engineers and Supervisors (now Assistant Engineer and Junior Engineer respectively), on acquiring the degree qualification or its equivalent, be assigned rank below the last Junior Engineer (now Assistant Engineer) selected by the Commission in the year in which they acquire the qualification. The Government has decided to accept the recommendations of the Tamil Nadu Public Service Commission in this regard.";