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. Held: Even if Technical Assistants did not challenge SAT’s order, the High Court upheld the validity of GO in totality and appeal against the said order of High Court stood dismissed by this Court. Judgment in B. Thirumal ((2014) 16 SCC 593) relied on by Appellants is distinguishable as Technical Assistants herein do not claim right over 75% quota reserved for direct recruitment of Assistant Engineer but only seek consideration within 25% quota reserved for subordinate services, as long as they possess the requisite qualification. Appellants contention to disregard Technical Assistants’ candidature for want of their regularisation stood negated in light of the GO dated 13.08.2015 which regularised them. State Government’s decision of temporarily appointing Technical Assistants as Assistant Engineers was a need-based decision as large number of posts reserved for recruitment by transfer remained unfilled – Appellants cannot be allowed to have a right over posts earmarked for recruitment by transfer of those belonging to subordinate services – Appeal dismissed. [Para 17-23, 25, 27].
Practice and Procedure – Remand – Civil Appeal Nos. 4372, 4890, 4891 and 5747 of 2023 (‘Batch 2’) – Individual appeals allowed and respective cases remanded to High Court for fresh consideration on specific facts of each case. Held: On the request of parties – Matter remanded for fresh consideration as High Court passed Impugned Orders without appreciating parties’ submissions – Impugned Orders set aside; Appeals allowed. [Para 30, 31]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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