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Synopsis

The Supreme Court has on April 16, 2024 approved the Tamil Nadu government's order allowing Junior Drafting Officer, Drafting Officer, Overseers and Technical Assistants, who have put in five years of service, to be eligible to be appointed as Assistant Engineers by transfer of service on acquiring BE/AMIE degree qualification.

A bench of Justices B R Gavai and Sandeep Mehta dismissed appeal filed by Association of Engineers and Others against the Madras High Court's division bench decision of August 3, 2022.

The High Court has then set aside a single bench order of December 23, 2014, which restrained the Tamil Nadu government from appointing Technical Assistants as Assistant Engineers by recruitment by transfer unless and until the statutory rules were amended making Technical Assistants as feeder category. 

In its appeal, the Association contended in the absence of amendment to the Rules, Technical Assistants cannot be permitted to be in the feeder cadre for promotion to the post of Assistant Engineers in Public Works Department. In spite of several chances, the State has failed to carry out the necessary amendment.

It further contended the appointment of Technical Assistants as Assistant Engineers is totally illegal, violative of Right to Equality under Article 14 and also violative of Article 335 of the Constitution which mandates efficiency in public administration. It also submitted that the entry of Assistant Engineers is through competitive examination on the basis of merit whereas the entry of Technical Assistants is through a backdoor entry i.e. appointment by the Superintending Engineer. Therefore permitting the Technical Assistants to march ahead of the Assistant Engineers would, apart from being anti-meritian, would also promote the persons who have entered through backdoor.

The court, however, said the Technical Assistants are not claiming against the 75% posts available for direct recruits. Their claim is only towards 25% posts which are required to be filled in from Junior Draughting Officers, Overseers and Technical Assistants who have put five years service and have acquired BE/AMIE qualification. 

It is thus clear that the Technical Assistants are, in no way, encroaching upon the quota apportioned for directly recruited Assistant Engineers, the bench said.

"Whereas the direct recruits would be entitled to get promotional posts from 75% quota apportioned for them, the Technical Assistants along with other placed amongst them would be entitled to promotional posts only from 25% posts apportioned for them," the bench said.

The court also noted the contention of the appellants that, the services of the Technical Assistants are not regularised, is also contrary to record.

Going by the facts of the case, the bench said that the State Government was required to take a decision to appoint Technical Assistants as Assistant Engineers on temporary basis as it was found that out of 122 vacancies apportioned to the post of Assistant Engineer to be filled up by recruitment by transfer, only 29 vacancies had been filled so far.

"It appears that the attempt of the appellant association is to grab all the posts available even those apportioned for the candidates promoted from subordinate services. In our view, the said attitude is totally unequitable," the bench said.

In any case, the bench further pointed out any interference at this stage is likely to undo the settled position which has been prevalent almost for a period of last 18 years. 

"We find that equity demands no interference to be warranted in the impugned judgment in the facts and circumstances of the case," the bench said, dismissing the appeal.