V.R.Senthilkumar v. The Director General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
1) V.R.Senthilkumar
...Petitioner in W.P.7238 of 2024
2) D.Ponnusamy
...Petitioner in W.P.7240 of 2024
-Vs1.The Director General Highways Department HRS Campus, 76, Sardhar Patel Road Guindy, Chennai - 600 025.
2.The Joint Director (Administration) O/o. The Director General Highways Department HRS Campus, 76, Sardhar Patel Road Guindy, Chennai - 600 025.
... Respondents in both W.Ps'
Common Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 04.12.2023 and 08.02.2024 seeking for consideration their case for appointment to the post of Junior Draughting Officer by way of recruitment by transfer within a time frame fixed by this Court.
1/6
(In both W.Ps') For petitioner : Mr.M.Padmavathy For respondents : Mr.K.Tamilvendan Government Advocate COMMON ORDER These writ petitions have been filed for direction to the respondents to consider the petitioners' representations dated 04.12.2023 and 08.02.2024 seeking appointment to the post of Junior Draughting Officer.
2. The petitioners were appointed as Salai Paniyalar in the year 1997 and continuously working in the same post till now. While they were in service, they have joined in the course of Diploma in Civil Engineering after obtaining due permission and completed the course successfully. The method of recruitment as prescribed in Section 3 of The TamilNadu Highways Engineering Sub-ordinate Service Rules for the post of Assistant Draughtsman coming under category (5) is direct recruitment or for special reasons, recruitment by transfer from any other service. Therefore, 2/6
considering the experience and nature of work of the petitioners the government passed order in G.O.Ms.No.630 Public Work (H.M.1) Department dated 20.03.1990 thereby Records Clerk, Office Assistant, Lascar and Watchman in Highways and Rural Work Department borne under Non-Technical services having technical education qualification be considered for appointment to the post of Assistant Draughtsman by recruitment by transfer from any other service off-setting the other mode of appointment i.e., direct recruitment. Subsequently, another Government Order was passed in G.O.Ms.No.596 dated 13.04.1993 thereby included gang mazdoor with any of the above technical education qualification also to be considered for appointment to the post of Assistant Draughtsman.
Accordingly, they were also appointed to the post of Assistant Draughtsman by recruitment by transfer. Therefore, the petitioners submitted their representations to consider their case for the appointment to the post of Assistant Draughtsman. In fact, the said representations were forwarded by the Assistant Divisional Engineer to the Divisional Engineer by his proceedings dated 06.10.2022.
3/6
3. Considering, the above facts and circumstances, the respondents are directed to consider the representations submitted by the petitioners for the appointment to the post of Junior Draughting officer by way of recruitment by transfer within a period of twelve weeks on merits in accordance with law.
4. With the above direction, these writ petitions are disposed of. No costs.
20.03.2024 Index : Yes/No Speaking/Non-Speaking-Order gvn 4/6
To 1.The Director General Highways Department HRS Campus, 76, Sardhar Patel Road Guindy, Chennai - 600 025.
2.The Joint Director (Administration) O/o. The Director General Highways Department HRS Campus, 76, Sardhar Patel Road, Guindy, Chennai - 600 025.
5/6
G.K.ILANTHIRAIYAN,J.
gvn 20.03.2024 6/6