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Madras High CourtWP/27800/2014disposed of

A.Murugan v. The Principal Secretary To

2016-03-11Honourable Mr Justice T.Raja6 pages

In the High Court of Judicature at Madras Dated:11.03.2016 Coram:

The Honourable Mr.Justice T.RAJA Writ Petition No.27800 of 2014 and M.P.Nos.1 of 2014 and 1 & 2 of 2015 1 A.Murugan 2 D.Arumugaperumal 3 V.Arumugam 4 C.Karunanidhi 5 S.Nagarajan 6 G.Vetrivelan 7 S.Selvam 8 P.Sakthivel 9 N.Srinivasan 10 P.Soundararajan 11 T.Shanmugasundaram 12 R.Kumar 13 P.Gopalakrishnan 14 R.Selvi 15 M.P.S.Bharanetharar @ P.Bharanetharar 16 R.Balan 17 K.V.Balasubramaniyam 18 T.Kamali 19 R.Karunagaran

20 R.Rajmohan (P.Rajmohan in the impugned order) 21 M.Maheswaran 22 V.Santhasezhiyan ... Petitioners Vs.

1 The Principal Secretary to Government of Tamil Nadu CRD & PR (Trg) and DRD & PR (FAC) Rural Development and Panchayat Raj Department Fort St. George, Chennai-9.

2 The Director of Rural Development and Panchayat Raj Chennai-15.

3 The Secretary Tamil Nadu Public Service Commission M.M.C.Hostel Road, Chennai-3.

4 The District Collector Villpuram District 5 The District Collector Namakkal District 6 The District Collector Erode District 7 The District Collector Vellore District 8 The District Collector Thiruvannamalai District 9 The District Collector Kancheepuram District 10 The District Collector Tiruppur District 11 The District Collector Thiruvarur District 12 The District Collector Thanjavur District 13 The District Collector Dindugal District

14 The District Collector Trichy District 15 The District Collector Ramnad District

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent culminating in its Proceedings No. 24333/12/EE2-1 dated 23.09.2014 No. 24333/12/EE2-2 dated 23.09.2014 and No. 24333/12/EE2-3 dated 23.09.2014 quash the same and to direct the 1st respondent to promote the petitioners herein as per their original seniority to the posts of Assistant Engineers in the existing vacancies in the Rural Development and Panchayat Raj Department, Government of Tamil Nadu.

For Petitioners .. Mr.V.Raghupathi For Respondents 1, 2 .. Mr.S.Gunasekaran and 4 to 15 Additional Government Pleader For Respondent - 3 .. Mr.M.Devendran

ORDER

All the petitioners aggrieved by the impugned orders dated 23.09.2014 have come to this Court challenging the same on the ground that the respondents have failed to consider their case on the basis of G.O.Ms.No.242, Higher Education Department dated 18.12.2012.

2.

The learned counsel for the petitioners would submit that as per the said Government Order in G.O.Ms.No.242, Higher Education Department dated 18.12.2012, the B.E. / B.Tech degree obtained from Open University or Distance Education after studying SSLC and three years Diploma or two years I.T.I. is equivalent to B.E. / B.Tech Degree obtained from regular University.

Since the petitioners after completing Diploma/I.T.I, obtained B.E. / B.Tech Degree Course through Distance Education Centre of Anna University and AMIE apart from Rajasthan Vidyapeeth (Deemed) University and more particularly, they have complied with the conditions imposed in G.O.Ms.No.242, Higher Education Department dated 18.12.2012, the respondents cannot refused to consider them for promotion on the ground that the petitioners are still ineligible.

3.

The learned counsel for the petitioners by filing additional typed set of papers would further submit that all the petitioners have first passed SSLC and thereafter obtained

Diploma/I.T.I in Civil Engineering through regular course and only thereafter, they have obtained permission from the Department to pursue higher studies in B.E. / B.Tech and some of the petitioners have obtained B.E. Degree and some of the petitioners have obtained B.Tech Degree. The learned counsel for the petitioners would also submit that when the respondents have granted permission to pursue B.E. / B.Tech Degree Course, it shows that they are eligible to pursue higher qualification. Therefore, the petitioner's case has to be considered in the light of G.O.Ms.No.242, Higher Education Department dated 18.12.2012.

4.

A detailed counter has been filed by the second respondent on behalf of all other respondents (except 3rd respondent).

5.

The Madurai Bench of this Court in similar circumstances, considering the identical facts in W.P. (MD) No.8384 of 2015 passed the following order:- ''4. This Court is not able to see any merits in the submission of the learned Additional Government Pleader for the following reasons:- The ground on which the name of the petitioner was withheld is that he obtained Diploma in Civil Engineering Certificate from Karnataka State Open University. A perusal of the list of the Universities recognised by the UGC shows that Karnataka State Open University has been recognised as one of the Universities in the State of Karnataka. Secondly, the petitioner has also obtained prior permission from the Department to study Diploma in Civil Engineering Course.

Thirdly, in G.O.Ms.No.242, Higher Education (B1) Department dated 18.12.2012, it has been specifically stated that the Diploma certificate obtained through Open University is equivalent to regular stream and the same is eligible for employment and promotion. Fourthly, a perusal of the copy of the Results of Departmental Examinations held in May 2015 shows that the petitioner - Mr.M.Balusamy has passed the departmental examinations in Code No.204. Thus, the petitioner was fully qualified. When that be the position, the non consideration of the petitioner for promotion, in my considered view, is untenable. Therefore,

the impugned promotion panel in Na.Ka.No.Nu13/20413/2015-1, dated 12.05.2015 is set aside insofar as the respondents 3 to 5 are concerned and the second respondent is directed to include the petitioner's name in appropriate place and promote him with service and monetary benefits, in accordance with law.''

6.

Since all the petitioners have passed SSLC and thereafter have acquired Diploma/I.T.I in Civil Engineering and after obtaining proper permission from the Department, some of the petitioners have obtained B.E. (Civil Engineering) Degree and some of the petitioners have obtained B.Tech., Degree, the respondents are directed to consider whether the petitioners have complied with the conditions mentioned in G.O.Ms.No.242, Higher Education Department dated 18.12.2012, and if so, the respondents are directed to give them promotion. 7.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

mra Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1 The Principal Secretary to Government of Tamil Nadu CRD & PR (Trg) and DRD & PR (FAC) Rural Development and Panchayat Raj Department Fort St. George, Chennai-9.

2 The Director of Rural Development and Panchayat Raj Chennai-15.

3 The Secretary Tamil Nadu Public Service Commission M.M.C.Hostel Road, Chennai-3.

4 The District Collector Villpuram District 5 The District Collector Namakkal District 6 The District Collector Erode District

7 The District Collector Vellore District 8 The District Collector Thiruvannamalai District 9 The District Collector Kancheepuram District 10 The District Collector Tiruppur District 11 The District Collector Thiruvarur District 12 The District Collector Thanjavur District 13 The District Collector Dindugal District 14 The District Collector Trichy District 15 The District Collector Ramnad District.

+ 1 cc to Mr.M.Devendran, Advocate Sr 16267 + 1 cc to Mr.V.Raghupathi, Advocate Sr 15832 + 1 cc to The Govt.Pleader, Sr 16326 KR/4/4/16 Writ Petition No.27800 of 2014 and M.P.Nos.1 of 2014 and 1 & 2 of 2015