Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamilnadu Engineering Service Special Rules 1985 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tamil Nadu Engineering Service Special Rules, 1985 - rr. 2,5 - Promotion to the post of Assistant Engineer - Tribunal directedthat the post of Assistant Engineer shall be filled up in the ratio of3:1, with reference to direct recruitment and recruitment by transferfrom the eligible persons holding basic qualification as per rules -Correctness of - Held: Though initial~y in 1972, the Rule was thatOverseers and Draftsmen Gr. II and III could be recruited by wayof transfer to the post of Assistant Engineer, in case they had acquiredthe qualification after they had entered into the service and renderedrequisite period of service, as prescribed by the Rules of 1972 -However, thereafter, amendment came into force in 1983 w.ef 1980,and Overseers and Civil Draftsman Grade II and III were madeineligible for promotion as Assistant Engineer - The eligibility wasconfined to Head Draftsmen G1: I - The position of 1972 was alteredand given a go bye till 1985 rules came into force - A bare readingof r.5, read with 1:2(a) of Rules of I 985 make it clear that theincumbents, working at the post of Overseers and Civil Drafts men,in case they had requisite qualification and experience, are to bepromoted by way of transfer to the posts of Assistant Engineers - Itis clear that differentiation of grades of Drafts men had been doneaway with and all Civil Drafts men had been made eligible includingOverseer under r.2 of 1985 Rules - The Rules of I 985 holds thefield - Hence respect to the alleged illegal usurpation of the quota ofdirect recruitment, it is apparent that inter alia the incumbents,holding the post, in the Public Works Department, of Overseers orJunior Engineer after serving for one year becomes eligible to staketheir claim to the post of direct recruitment - Thus, if' they areappointed by way of direct recruitment, it could not be said thatthey had illegally usurped the quota reserved for direct recruitment -As a matter of fact, on being appointed by way of process of direct recruitment. they are not to be treated as recruited against the quota reserved for recruitment by way of transfer - Once they have beensecured by process of direct/ recruitment. they have to be countedtowards quota of 75% reserved for the direct recruitment. |
Judge | N/A |
Neutral Citation | 2017 INSC 906 |
Petitioner | Association Of Engineers |
Respondent | Government Of Tamil Nadu & Ors. |
SCR | [2017] 11 S.C.R. 713 |
Judgement Date | 2017-09-14 |
Case Number | 995 |
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