B.Saravanan v. The Director General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. B.Saravanan
...Petitioner in W.P.No.5808 of 2024
2. P.Velmurugan
...Petitioner in W.P.No.5811 of 2024
-Vs1. The Director General, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600025.
2. The Divisional Engineer, Highways (Construction & Maintenance), Vaniambadi, Thiruppathur District. ...Respondents in both W.Ps Prayer in W.P.No.5808 of 2024 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 04.12.2023 requesting for recruitment by transfer to the post of Junior Draughting Officer in accordance with Rule 3 of the Tamil Nadu Highways Engineering Subordinate Service Rules. Prayer in W.P.No.5811 of 2024 : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated
04.12.2023 requesting for recruitment by transfer to the post of Junior Draughting Officer in accordance with Rule 3 of the Tamil Nadu Highways Engineering Subordinate Service Rules. In both W.Ps For Petitioners : Mr.P.Manoj Kumar For Respondents : Mr.V.Veluchamy Additional Government Pleader COMMON
ORDER
These writ petitions has been filed for direction directing the first respondent to consider the petitioner's representation dated 04.12.2023 requesting for recruitment by transfer to the post of Junior Draughting Officer in accordance with Rule 3 of the Tamil Nadu Highways Engineering Subordinate Service Rules.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioners are working as Salai Paniyalar (Road Worker) in the office of the Assistant Engineer (Highways), Thiruppathur. They were initially appointed on 10.02.1999 and 17.11.1997 respectively and their services were regularized. The petitioners are qualified with Civil
Engineering Course after obtaining permission from the Department. Under Rule 3 of the Tamil Nadu Highways Engineering Subordinate Service Rules, appointment to the post of Junior Draughting Officer shall be made by direct recruitment or promotion from Assistant Draughtsman or for special reasons recruitment by transfer from any other service. G.O.Ms.No.122, Highways and Minor Ports (HM-1) Department dated 03.10.2020 ordered amendment to Special Rules of the Tamil Nadu Highways Engineering Subordinate Service. Accordingly, the post of Junior Draughting Officer can be made from the posts of Road Inspectors and Field Assistants who possess the Diploma in Civil Engineering and have rendered service for a period of not less than two years in the said category.
4. Though the petitioners possess Civil Engineering, they are working as Road Workers. The feeder category for the post of Junior Draughtsman is only Road Inspectors and Field Assistants.
5. In view of the above, these writ petitions are devoid of merits and are liable to be dismissed. Accordingly, these writ petitions are dismissed. There shall be no order as to costs. 07.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To
1. The Director General, Highways Department, 76, Sardar Patel Road, Guindy, Chennai - 600025.
2. The Divisional Engineer, Highways (Construction & Maintenance), Vaniambadi, Thiruppathur District.
G.K.ILANTHIRAIYAN. J, mn 07.03.2024