Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment by transfer Feeder category Direct recruitment Vacancy filled on temporary basis Regularization Technical Assistants Subordinate service Executive instructions Filling legislative gaps Draughting Engineers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Validity of appointing Technical Assistants (forming part of state subordinate services) as Assistant Engineers on transfer - challenged.Headnotes Tamil Nadu State and Subordinate Service Rules – Civil Appeal Nos. 4886 to 4889, 4892 and 5748 to 5750 of 2023 (‘Batch 1’) – A Government Order (‘GO’) was issued allowing appointment of Junior Draughting Officers, Draughting Officers, Overseers and Technical Assistants with 5 years of service and B.E./A.M.I.E degree, to the post of Assistant Engineers, on transfer basis – Challenge before High Court upheld – Several posts of Assistant Engineers, earmarked for filling on transfer basis remained vacant between 1991 to 2002 – Therefore State Government appointed Technical Assistants to the said post, on temporary basis – This executive decision challenged in High Court – Ground – For being violative of an earlier order of State Administrative Tribunal (‘SAT’) (affirmed by High Court and Supreme Court on appeal), which upheld inclusion of Junior Draughting Officers and Draughting Officers (but not of Technical Assistants) in the direct recruitment process to the post of Assistant Engineers pursuant to a government advertisement – Single Judge upheld the challenge to the above executive decision and directed State Government to bring necessary amendments to the Rules – On appeal, the Division Bench set aside the decision of Single Judge by order dated 03.08.2022, hence the present appeal. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2024 INSC 306 |
Petitioner | Association Of Engineers And Others Etc. |
Respondent | The State Of Tamil Nadu And Others Etc. |
SCR | [2024] 5 S.C.R. 545 |
Judgement Date | 2024-04-16 |
Case Number | 4886-4888 |
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