IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 29.01.2007 Coram:- The Hon'ble Mr. Justice P.SATHASIVAM and The Hon'ble Mr. Justice S.MANIKUMAR Writ Petition Nos.19401 to 19410/04, 20676 to 20681/04, 22268 to 22277/04, 31510 & 31561/04, 26807/05 and 33503 of 2006 and WPMP Nos.23349/04, 40562 to 40571/04, 24891 to 24896/04, 38244/04, 2135 & 29253/05, 11920 to 11924/06 and WVMP No.2114 of 2005 P.M.Mari ... Petitioner in W.P.19401/04 B. Parthiban ... Petitioner in W.P.19402/04 P. Porchezhian ... Petitioner in W.P.19403/04 G. Paulchamy ... Petitioner in W.P.19404/04 S. Antonyraj ... Petitioner in W.P.19405/04 A. Muruganandam ... Petitioner in W.P.19406/04 M.S. Manimaran ... Petitioner in W.P.19407/04 T. Venkatesh ... Petitioner in W.P.19408/04 A. Mohamed Ali Jinnah ... Petitioner in W.P.19409/04 S. Lakshmanan ... Petitioner in W.P.19410/04 A. Senthilkumar ... Petitioner in W.P.20676/04 S. Sivakumar ... Petitioner in W.P.20677/04 S. Ganesamoorthy ... Petitioner in W.P.20678/04 V. Kuppusamy ... Petitioner in W.P.20679/04 N. Murali ... Petitioner in W.P.20680/04 N. Kamaraj ... Petitioner in W.P.20681/04 R. Manivannan ... Petitioner in W.P.22268/04 R. Sengodan ... Petitioner in W.P.22269/04 S. Karunakaran ... Petitioner in W.P.22270/04 P.Natarajan ... Petitioner in W.P.22271/04 M.S. Kannan ... Petitioner in W.P.22272/04 K. Sivaprakasam ... Petitioner in W.P.22273/04 K. Sekar ... Petitioner in W.P.22274/04 V. Loganathan ... Petitioner in W.P.22275/04 D. Sampathkumar ... Petitioner in W.P.22276/04 M. Aythan ... Petitioner in W.P.22277/04 Tamilnadu Rural Development Engineers Association, rep by its General Secretary Cuddalore ... Petitioner in W.P.31510/04 https://hcservices.ecourts.gov.in/hcservices/ S. Maruthapandian ... Petitioner in W.P.31561/04 1.P.M. MAri 2.B. Parthiban 3.G. Paulchamy 4.S. Anthoniraj 5.A. Muruganandam 6.M.S. Manimaran 7.T. Venkatesh 8.A. Mohamed ali Jinnah 9.S. Lakshmanan 10.R. Sengodan 11.M.S. Kannan 12.K. Sivaprakasam 13.K. sekar 14.D. Sampath Kumar 15.R. Manivannan 16.S. Ganesamoorthy ... Petitioner in W.P.26807/05 T. Venkatesh ... Petitioner in W.P.33503/06 vs. 1. The State of Tamil Nadu, rep. by the Secretary, Rural Development Department, Fort St. George, Chennai-9. ... ISt Respondent in all W.Ps 2. The Director of Rural Development Panagal Buildings, IV Floor, Saidapet, Chennai-15. ... 2nd Respondent in all Petitions 4. The Managing Director, T.N. Water Supply and Drainage Board, Kamarajar Salai, Chennai 600 005. ... 4th Respondent in W.P.Nos.19401, 19402, 19404 to 19410/04, 22268 to 22276/04 and 3r Respondent in W.P.31561/04 and 26807/05 3. S.Aruchamy, Assistant Engineer (RD), Udumalapet Panchayat Union, Coimbatore District. ... 3rd Respondent in W.P.19401/06, and 4th Respondent in W.P.31561/04. 26807/04 https://hcservices.ecourts.gov.in/hcservices/ R. Pounrajan Assistant Engineer (RD) Virudhunagar Panchayat Union Virudhunagar district ... 3rd respondent in W.P.19402/04 & 5th Respondent in W.P.26807/04 (R3 impleaded as per order of Court dated 20.8.04 in W.P.M.P.28763/04) V. Muniraju Assistant Engineer (RD) P.M.G.S.I. District, Rural Development Agency Collectorate, Erode. R3 impleaded as per order of this Court dated 20.8.2004 in w.P.M.P.28764/04 ... 3rd Respondent in W.P. 19403/04 P. Neelamegam Assistant Engineer (RD) Rural Development Sub Division Madurai. R3 impleaded as per order of this Court dated 20.8.2004 in w.P.M.P.28765/04 .. 3rd Respondent in W.P.19404/04 and 6th respondent in W.P.26807/04 R. Chinnaveeran Assistant Engineer (RD) Rural Development Sub division, Usilampatti, Madurai. R3 impleaded as per order of this Court dated 20.8.2004 in w.P.M.P.28766/04 ... 3rd Respondent in W.P.19405/04 & 7th Respondent in W.P.26807/04 G. Sivasami Urban Engineer Narikudi Panchayat Union, Virudhunagar ... 3rd Respondent in W.P.19406/04 R3 impleaded as per order of this Court dated 20.8.2004 in W.P.M.P.28767/04 https://hcservices.ecourts.gov.in/hcservices/ A.V. Rajesh, Assistant Engineer (RD) O/o. Block Development Officer Ellapuram Panchayat Union Tiruvallur District R3 impleaded as per order of this Court dated 20.8.2004 in w.P.M.P.28768/04 ... 3rd respondent in W.P.19407/04 Y.K. Yokaraj Assistant Engineer RD PMGSY Sub Diviison I Rural Development Agency Karur. R3 impleaded as per order of this Court dated 20.8.2004 in W.P.M.P.28769/04 ... 3rd Respondent in W.P.19408/04 R. Venkateswaran Assistant Engineer (RD) O/o. The Assistant Executive Engineer PMGSY Sub division, Nagapattinam R3 impleaded as per order of this Court dated 20.8.2004 in W.P.M.P.28770/04 ... 3rd Respondent in W.P.19409/04 K. Prabhakar Assistant Engineer (RD) PMGSY, district rural Development Agency Villupuram. ... 3rd Respondent in W.P.19410/04 8th Respondent in W.P.26807/04 R3 impleded as per order of this Court dated 20.8.2004 in W.P.M.P.28771/04 A. Kuttalingam, Assistant Engineer (RD) O/o. The Assistant Executive Engineer PMGSY, Sub Division https://hcservices.ecourts.gov.in/hcservices/ Nagercoil. ... 3rd Respondent in w.P.20676/04 R3 impleaded as per order of this Court dated 20.8.2004 in w.P.M.P.28772/04 P. Madhu, Assistant Engineer (RD) Uthangarai Panchayat Union, Krishnagiri. impleaded as per order of this Court dated 20.8.2004 in w.P.M.P.28773/04 ... 3rd Respondent in W.P.20677/04 S. Arumugam Assistant Engineer (RD) Morappur, Panchayat Union Dharmapurid District R3 impleaded as per order of this Court dated 20.8.2004 in W.P.M.P.28774/04 ... 3rd Respondent in W.P.20678/04 R. Harikrishnan Assistant Engineer (RD) Anna Gramam Panchayat Union R3 impleaded as per order of this Court dated 20.8.2004 in W.P.M.P.28775/04 ... 3rd Respondent in W.P.20679/04 M. Kavitha Assistant Engineer (RD) O/o. The Assistant Executive Engineer Dindigul. R3 impleaded as per order of this Court dated 20.8.2004 in W.P.M.P.28776/04 ... 3rd Respondent in W.P.20680/04 V. Rajavel Assistant Engineer (RD) O/o. The Block Development Officer St. Thomas Mount Panchayat Union, Kancheepuram District R3 impleaded as per order of this https://hcservices.ecourts.gov.in/hcservices/ Court dated 20.8.2004 in W.P.M.P.28777/04 ... 3rd Respondent in W.P.20681/04 D. Ramasamy A.E Panchayat Union Thiruthuraipoondi R3 Impleaded as per order of this Court dated 4.10.2004 in W.P.M.P.32739/04 ... 3rd Respondent in W.P.22268/04 S. Muthusamy Assistant Engineer Panchayat Union Omalur, Salem District. R3 impleaded as per order of this Court dated 4.10.2004 in W.P.M.P.32740/04 ... 3rd Respondent in W.P.22269/04 V. Suresh Assistant Engineer PMGSY Sub Division DKDA Thiruvarur R3 impleaded as per order dated 4.10.2004 in W.P.M.P.32741/04 ... 3rd Respondent in W.P.22270/04 P. Selvaraj Assistant Engineer Panchayat Union RD Nillakkottai, Dindigul. R3 impleded as per order dated 4.10.2004 in W.P.M.P.32742/04 ... 3rd Respondent in W.P.22271/04 S. Thanikachalam Assistant Engineer RD Panchayat Union Vellore. https://hcservices.ecourts.gov.in/hcservices/ R3 impleaded as per order dated 4.10.2004 in W.P.M.P.32743/04 ... 3rd Respondent in W.P.22272/04 S. Sadaiappan Assistant Engineer (RD) Panchayat Union Thiruppathur Sivaangari R3 impledaed as per order dated 4.10.2004 made in W.P.M.P.32744/04 ... 3rd Respondent in W.P.22273/04 P. Sundarapandian Assistant Engineer District Executive Engineer Office Rural Development sub Division Thiruppathur, Vellore R3 impleaded as per order dated 4.10.2004 in W.P.M.P.32745/04 ... 3rd Respondent in W.P.22274/04 C. Sekthimurugan Assistant Engineer (RD) Panchayat Union, Thiruvadanai Ramanathapuram District R3 impleaded as per order dated 4.10.2004 in W.P.M.P.32746/04 ... 3rd Respondent in W.P.22275/04 E. Sivakumar Assistant Engineer (RD) Panchayat Union, Thalai Nagar, Nagapattinam R3 impleaded as per order dated 4.10.2004 in W.P.M.P.32747/04 ... 3rd Respondent in W.P.22276/04 https://hcservices.ecourts.gov.in/hcservices/ M. Madasamy Sundararaj Assistant Engineer (RD) PMGSY District Rural Development Agency, Thirunelveli. R3 impleaded as per order dated 4.10.2004 in W.P.M.P.32748/04 ... 3rd Respondent in W.P.22277/04 2. The Secretary Personnel and Administrative Reforms (P & AR) Department, Fort St. George, Chennai-9. 3. The Secretary Tamilnadu Public Service commission Government Estate, Anna Salai, chennai. 4. The Director of Rural Development Chennai-15. ... respondent 2 to 4 in W.P.31510/04 WP.19401/04:- Petition under Article 226 of the Constitution of Ind for the issuance of a writ of Mandamus as stated therein. Mandamus directing the respondents to abosorb the Petitioner Assistant Engineer Rural Development Department from the date of h appointment pursuant to the directions in g.O.MS.No.102 dat 25.5.1998 issued by the Ist respondent (in W.P.19401, 19402, 1940 19404, 19405, 19406, 19407, 19408, 19409 & 19410/04) 20676, 20681/04, 22268 to 22277/04. Mandamus directing the Ist and 4th respondent herein to repatria Assistant Engineer/ Assistant Executive Engineer of the prese highways Department Agricultural Engineering Department and Dharmapu District Development Corporation possessing a Bachelor's Decree of i equivalent is Mechanical and Agricultural engineering and all Juni Engineers Assistant Engineers/ Assistant Executive Engineers of vario of the Technical Department who are an Deputation / on contract bas and serving in the Rural Development Department, beyond five years their respective parent Department forthwith and maintain the cad strength between Assistant Engineer/ Junior Engineers of the Rur Development Department as stipulated in the Rules in force. (in W.P.31510/04) https://hcservices.ecourts.gov.in/hcservices/ certiorarified Mandmus calling for the records of the 2nd responde in RC.No.32949/04 EE1/dated 18.9.2004 and quash the same and direct h to retain the petitioner as AEE with the Rural Development Departme (in W.P.31561/04) ceritorarified Mandamus or any other appropriate Writ calling for t records relating to the letter issued by the Managing Directo Tamilnadu water supply and Drainage Board, the 3rd respondent here made in his office letter No.C2/HO/EE/68375/2004-17 dated 27.12.20 quash the same in so far as the petitioner are concerned a consequently direct the respondents herein to give effect to the ord of absorption issued by the 2nd respondent, the Director of Rur Development, Chennai made in his office proceedings No.90329/98/Ee dated 17.3.99 by treating the subsequent order issued by him in h office proceedings No.90329/98/EE.2 dated 2.7.1999 as void so as enable the petitioners herein to get all the consequential, service a monetary benefits accrued on account of absorption within a short da that may be fixed by this Honourable Court. (in w.P.26807/04) (i) Para 2 of Notification IV of G.O.Ms.No.15 Rural Development (E Department dated 25.1.2000 issued by the Secretary to Government, Rur Development Department, Chennai-9, the Respondent herein in givi retrospective effect of the rule from 26.9.1997 and (ii) In so far as the non inclusion of Deputationist from TW Board as one of the method of appointment for recruitment to the po of Assistant Engineer in Rule 3 of the Adhoc rules issued G.O.Ms.No.15, Rural Development (E1) Department dated 25.1.2000 und the heading of Appointment, as null andd void and ultra vires t constitution of India and for consequential direction directing t respondent herein to include the Deputationist from TWAD Board as o fo the method of appointment is Rule 3 of the adhoc rules governi Assistant Engineer post in Rural Development Department and absorb t petitioenr as Assistant Engineer in Rural Development Department wi all consequential service and monetary benefits. (in W.P.33503/06) For petitioners in WP Nos.19402, 19406, 19407 : Mr.Sanjay Mohan, for and 19408 of 2004 Mr.K.Rajkumar For Petitioners in WP Nos.19410, 20678, 22268 : Ms.R.Vaigai, and 22273 of 2004 for Mr.G.Rajesh. For Petitioner in WP No.33503 of 2006 : Mr.AL.Somayaji, Senior Counsel for Mr.K.Rajkumar https://hcservices.ecourts.gov.in/hcservices/ For Petitioner in WP Nos.19404, 19405, 19409 : Mr.AL.Somayaji, Senior and 19401/2004 Counsel for Mr.S.Govindaprasad For Petitioner in WP Nos.22269, 22272, 22274 : Mr.V.K.Muthusamy, Senior and 22276 of 2004 Counsel for Mr.R.Muthukrishnan For Petitioner in WP Nos.20676 to 20681/04 : Mr.R.Syed Mustafa For Petitioner in WP No.31510 of 2004 : Mr.C.Selvaraju, Senior Counsel for Mr.Srinath Sridevan For Petitioner in WP Nos.19403, 22270, 22271, : Mrs.Hema Sampath 22275, 22277 & 31561/04 For R-3 in WPs.19401 to 19410/04, 20676 to 20681/04: Mr.R.Thiyagarajan, 26807/05 and for petitioner Senior Counsel. for Mr.Ravi in WVMP 2114 of 2005 For TWAD Board : Mr.Sudharshana Sundhar For State (in all matters): Mr.R.Viduthalai, Advocate General, assisted by Mr.P.Subrmanian, Govt. Advocate COMMON JUDGMENT (Judgment of the Court, delivered by P.SATHASIVAM, J.) Petitioners, working in the Rural Development Department deputation from Tamil Nadu Water Supply and Drainage Board (in sho TWAD Board), pray to issue a writ of mandamus, directing t respondents - Secretary, Rural Development Department (in short R. Department), and the Director, Rural Development, Chennai, to abso them as Assistant Engineers, R.D. Department, from the date of the appointment pursuant to the directions in G.O.Ms. No.102, dat 25.5.1998, issued by the Government of Tamil Nadu. II. Some of the petitioners seek to quash the letter of t TWAD Board, dated 27.12.2004, and pray for a consequential direction give effect to the order of absorption issued by the Director of R. made in his proceedings dated 17.03.1999. They also pray to hold th https://hcservices.ecourts.gov.in/hcservices/ his order dated 02.07.1999, cancelling absorption of A.Es. of TW Board in R.D. Department, is void. III. In one Writ Petition, viz., W.P. No.35303 of 2006, t petitioner has prayed for a writ of declaration, declaring, (a) para 2 of Notification IV of G.O. Ms. No.15, R. (E1) Department, dated 25.01.2000, giving retrospective effect to t Ad hoc Rules from 26.09.1997, as void, (b) non-inclusion of deputationists from TWAD Board one of the methods of appointment for recruitment to the post Assistant Engineer in Rule-3 of the ad hoc Rules in G.O.Ms. No.15 void. Apart from the above relief, the petitioner also seeks for consequential direction to include the deputationists from TWAD Boa as one of the methods of appointment in Rule 3 and absorb him Assistant Engineer in the R.D. Department with all consequenti benefits. IV. In W.P. No.31510 of 2004, The Tamil Nadu Rural Developme Engineers' Association through its General Secretary P.Ravikumar, pra for the issuance of a writ of mandamus, directing the Secretary Government, R.D. Department, and Director of R.D., Chennai-15, repatriate the Assistant Engineers/Assistant Executive Engineers of t present Highways Department/Agricultural Engineering Department a Dharmapuri District Development Corporation, possessing a Bachelor Degree or its equivalent in Mechanical and Agricultural Engineerin and all Junior Engineers, Assistant Engineers/Assistant Executi Engineers of various other Technical Departments, who are deputation/on contract basis and serving in the R.D. Department beyo five years, to their respective parent Departments forthwith a maintain the cadre strength between Assistant Engineers/Juni Engineers of the R.D. Department as stipulated in the Rules in force. 2. Since the reliefs sought for in all these Writ Petitio are interconnected and the W.Ps. having been filed by two sets individuals; viz., deputationists from other departments to R. Department on the one hand, seeking absorption and promotion in t present Department; and the insiders/in-service personnel of the R. Department on the other hand, claiming repatriation of t deputationists to their respective parent Departments; they are bei disposed of by the following common judgment. 3. As the Writ Petitions filed by the deputationists conta common pleas, we cull out the facts from some of the Writ Petitions:- A. For convenience, at first, we shall refer the case P.M.Mari, petitioner in W.P. No.19401 of 2004. He is an Engineer with B.E. in Civil Engineering. He join the TWAD Board on 10.06.1985 as Assistant Engineer. In 1997, he w sent on deputation to the R.D. Department when 'Engineering Wing' w started there. This was under G.O. Ms. No.263, dated 27.12.199 https://hcservices.ecourts.gov.in/hcservices/ issued by the Government - first respondent. Additional technic posts sanctioned under the said Government Order were directed to filled up on deputation/by transfer of service basis for a period three years as temporary measure. At present, he is working Assistant Engineer in the R.D. Department. The Director of R.D Chennai-15, following the notification dated 21.01.1997, requested t Collectors to issue orders to individuals who had been selected fr the willing candidates from the Highways, Rural Works Department a TWAD Board. Persons, who went on deputation, were found eligible a suitable based on their qualifications. Along with the petitioner, number of persons from the TWAD Board also came to the R.D. Departme on deputation. In G.O. Ms. No.102, R.D. Department, dated 25.05.199 the Government directed the Director to report about permanent absorbing Assistant Engineers from other Technical Departments giving them weightage for the service put in by them in the respective parent departments. Based on such direction, ad hoc rul were framed by the Government for the persons holding temporary post These rules were based on the earlier Government Orders in G.O. M Nos.263 and 102. The Rule relating to the appointment contemplated t following, (a) by direct recruitment; (b) recruitment by transfer from overseer in the RD Department; (c) the ratio for appointment to the post by direct recruitment and recruitment by transfer shall be 1:1. According to the petitioner, he comes within the category of dire recruitment which contemplated only a degree in Civil Engineering amo other things. G.O.Ms. No.15, dated 25.01.2000, shall be deemed to ha come into effect from 25.05.1998. Even on 17.3.1999, the Director h passed an order for permanent absorption of 125 Assistant Enginee working on deputation from various other departments into the Department. But, on 2.7.1999, this order was cancelled by him as t Managing Director of the TWAD Board had refused to accept the propos for absorption of persons deputed from the Board by his letter dat 15.4.1999. After sometime, the Director was informed by the Managi Director, TWAD Board, on 22.07.1999, that the Board was willing for t permanent absorption of the Assistant Engineers on deputation by t R.D. Department. Willingness was conveyed to the fir respondent/Government also. In spite of those proceedings, there was lot of confusion in the office of the Director, R.D., whereupon, t Director issued proceedings dated 10.03.2004 to the District Collecto asking them to give particulars about the Assistant Engineers who ha been recruited by the TNPSC to enable him to promote them as Assista Executive Engineers. The petitioners and other similarly plac persons gave representations to the respondents, requesting them include their names in the panel for promotion. So far, they have n received any reply. They apprehend that promotion would be ma without including their names. Hence, they filed several wr petitions, seeking for a direction to the respondents to absorb them https://hcservices.ecourts.gov.in/hcservices/ Assistant Engineers in the R.D. Department from the date of the appointment pursuant to the direction in G.O. No.102 dated 25.05.19 issued by the first respondent. B. P.M.Mari and others joined together and filed W. No.26807 of 2005 making similar contentions to those raised in W. No.19401 of 2004. C. In W.P. No.33503 of 2006, filed by T.Venkatesh, Assistant Engineer directly recruited in TWAD Board, now in the R. Department, it is stated that the Government of Tamil Nadu, with a vi to have a separate Engineering Wing in the R.D. Department creat certain posts. One such post is Assistant Engineer or Additional Uni Engineer. To meet the immediate requirement and development of t Engineering Wing, the Government directed to draw Assistant Enginee by way of deputation from various Technical Departments including TW Board as the same has been considered as one of the Technic Departments. Accordingly, options were called for by the Director Rural Development through the respective Collectors who in tu obtained the same from the Superintending Engineers of the TWAD Boar The petitioner expressed his willingness to go on deputation. Sin January 1997, he has been working continuously till this date. T Government took a policy decision to absorb the deputationists a issued G.O.Ms. No.102, R.D. (EIV) Department, dated 25.05.199 wherein, it directed the Director of R.D. to explore the possibility absorbing all the deputationists in the R.D. Department. Though t said order was implemented initially, the same was cancelled 02.07.1999 on the ground of not giving consent by the TWAD Boar However, the said deficiency was made good by the succeeding Managi Director of the TWAD Board by sending two letters on 22.07.1999 a 12.10.1999, giving willingness for permanent absorption of their sta in the R.D. Department. On the basis of those letters, the petition was allowed to continue beyond the period of deputation. T petitioner and others were hoping that they would be permanent absorbed and given all service benefits, but, nothing has been done. The Government framed ad hoc Rules for the post of Assista Engineers in the R.D. Department vide G.O. Ms. No.15, Rural Developme (E1) Department, dated 25.01.2000. The Rules had come into effect fr 26.09.1997. Paragraph No.3 of the Rules deals with the method appointment and it provides that the post of Assistant Engineer can filled by (a) Direct Recruitment; (b) Recruitment by transfer; and ( Ratio of 1:1 provided for Direct Recruitment and recruitment transfer. However, the Rules do not take in the deputationists und its method of appointment and thereby the right of the petitioner continue in the Department is curtailed. Further, non-inclusion deputationists in the method of appointment though they have be working for the development of the Engineering Wing in the R. Department violates Article 14 of the Constitution. The petitioner entered the R.D. Department long before t https://hcservices.ecourts.gov.in/hcservices/ issue of ad hoc rules, that being so, the retrospective effect of t rules from 26.09.1997 affects his right very much, because, even befo passing of orders, an absorption order has been issued, subject framing of rules. Such being the case, the authorities ought to ha made a provision to include the deputationists as one of the methods appointment so as to give effect to the orders already passed in favo of the petitioner and others. Hence, the ad hoc rules are ultra vir the Constitution of India. 3(a). Now, we shall briefly narrate the case of t petitioner-association (in-service personnel of the R.D. Department) W.P. No.31510 of 2004. According to the General Secretary of the petitione Association, R.D. Department has been executing several State Centrally sponsored Anti-Poverty Programmes besides executi development works out of the funds of Panchayat and Panchayat Unions employing technical personnel of the erstwhile Highways & Rural Wor Departments on service lend basis upto 1996. Consequent to t Constitutional 73rd Amendment, introducing new Tamil Nadu Panchaya Act, 1994, and of the fact that several new schemes to be implemente it became inevitable on the part of the Government to create a separa Engineering Wing for the R.D. Department. By G.O.Ms. No.263, Department, dated 27.12.1996, the Government decided to set up separate Engineering Wing for the R.D. Department. By virtue of t said Government Order, new posts were created in the R.D. Departmen However, no Service Rules were framed and notified for appointment those posts at the relevant time (during 1996). Hence, the posts we initially filled up by drawing personnel from other technic departments of Government of Tamil Nadu like TWAD Board, Agricultur Engineering Department, P.W.D, etc. including Highways Department ' Deputation Basis' as a temporary measure. According to the petitione the above arrangement was very unsatisfactory since the deputationis had no commitment or motivation for executing the various time-bou schemes of the R.D. Department. The Association of Tamil Nadu Highwa Engineers' opposed the creation of a separate 'Engineering Wing' und the R.D. Department, claiming that all the posts created by virtue G.O. Ms. No.263 be earmarked only for Engineers of the erstwhi Highways and Rural Works Department. Certain personnel on deputation basis at various points time since 1996 opted for repatriation to their parent Departments various lending Departments could not sponsor the required number eligible Engineers willing to serve in the R.D. Department. T Government decided to fill up 200 posts of AE (RD) by Dire Recruitment through TNPSC by notification dated 26.09.1997. T Government also framed necessary Service Rules in G.O. Ms. No.15 dat 25.01.2000. The constitutional validity of both G.O. Ms. Nos.102 a 15 were challenged before the Tamil Nadu State Administrative Tribun by a group of individuals and by the Association of Tamil Na Engineering Graduates, however, both the Government Orders were uphe https://hcservices.ecourts.gov.in/hcservices/ by the Administrative Tribunal. The personnel working in the R. Department were not given proper promotions. On the other hand, t deputationists / 'on contract basis personnel' are occupying vario posts of AE/AEEs without any specific and valid order against the Rul in Force. There are nearly 20 AEs/AEEs, who have been deputed fr Highways Department, Agricultural Engineering Department and Dharmapu District Development Corporation, belonging to Government of Tam Nadu, with Bachelors Degree qualification (B.E./B.Tech) entrusted wi the execution of various Panchayat Union Works in the R.D. Departmen They are not fully competent enough to execute / supervise the works per specifications and exercise quality control over the work Moreover, the qualification possessed by them is against the provisio contained in the Service Rules framed by the Government of Tamil Na under Article 309 of the Constitution of India, hence, their continu presence in the R.D. Department is illegal and against the interests the R.D. Department and general public. The petitioner-associati made several representations to various authorities in the Governme of Tamil Nadu and to the Secretary, Tamil Nadu Public Servi Commission, complaining about the illegality being committed. Simil persons, unqualified and not fit enough to continue, are al continuing from TWAD Board and Tamil Nadu State Constructi Corporation and they are to be repatriated to their respective pare Departments. There are 295 Engineers (AEs/JEs) from various oth Engineering Departments of Government of Tamil Nadu, working in t R.D. Department 'on deputation' / 'on contract' basis as on 18.08.200 which is about 35-40% of the total sanctioned posts of