IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24 / 06 / 2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NO.452 OF 2011 AND M.P.NOS.1 AND 2 OF 2011 1.T.Desingu 2.M.Chandra Babu 3.V.Ellappan ... Petitioners Versus 1.The Principal Director Highways Department Anna Salai, Chennai – 600 006. 2.Superintending Engineer Chennai Circle Highways Department Anna Salai, Chennai – 600 006. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, to call for the records relating to the proceedings in Letter No.8189/2010/A3 dated 05.01.2011 on the file of the 2nd respondent herein and to quash the same so for as 3 petitioners are concerned. For Petitioners : Mr.P.Raja For Respondents : Mr.R.Ravichandran Additional Government Pleader O R D E R The three petitioners have filed the present writ petition seeking to challenge the order dated 05.01.2011 passed by the second respondent Superintending Engineer, Chennai Circle, Highways Department, Chennai. By the impugned order, the petitioners were informed that since they are not in possession of the minimum educational qualification of 8th standard, their promotion to the https://hcservices.ecourts.gov.in/hcservices/ post of Light Vehicle Drivers as per the Adhoc Rules dated 23.12.2010 was invalid and therefore, the promotion orders given to them to the post of Light Vehicle Drivers were cancelled and they were depromoted to the post of Gang Mazdoor. Challenging the same, the writ petition came to be filed. 2.When the matter came up on 10.01.2011, this Court directed private notice to be issued to the respondents. Pending the notice, an interim stay was granted. Subsequently, the interim stay was extended from time to time and after the extension granted on 22.02.2011, there was no further extension. On behalf of the respondents, a counter affidavit dated Nil (February 2011) was filed. 3.In the counter affidavit, it was stated that the Government by G.O.(Ms) No.169, Transport (M) Department, dated 16.02.1983 approved the Adhoc Rules for recruitment to various posts in the Highways Department and for the post of Driver in the Highways Department, it can be filled up either by recruitment by transfer from the category of Cleaners with ITI qualification or with five years experience as Cleaner in Lorry, Roller etc., and only when qualified Cleaners are not available for promotion, the Basic Government Servants, who possess the driving licence (light) and who are able to attend minor faults, may be considered for appointment as Driver. For direct recruitment, the qualification prescribed was 8th standard pass with Light Motor Vehicle licence and should be able to attend to minor faults. Therefore, it is contended that the Cleaners and Basic Government servants were promoted as Drivers up to 2009. But by G.O.Ms.No.171, Transport (M) Department, dated 16.02.1983, the post of Gang Mazdoor was brought within the purview of Tamil Nadu Basic Services among 7th category. In respect of other categories, the minimum educational qualification prescribed was 8th standard. But for the post of Gang Mazdoor, the educational qualification was only 5th standard. In view of the dearth of candidates for the post of Drivers, persons from the lower posts were recruited. The Government also permitted such promotions vide letters dated 04.03.2009 and 31.08.2010. Since only eligible persons can be promoted and there is no educational qualification for promotion from Basic Government Service to Driver, the qualification which are available to Office Assistant and Watchman, were considered as necessary for such promotions. It was also stated that the condition of 8th standard pass is an essential condition for promotion and only because the petitioners do not have the said qualification, they were reverted. https://hcservices.ecourts.gov.in/hcservices/ 4.However, the learned counsel for the petitioners contended that for holding the post of Gang Mazdoor, the minimum educational qualification is only 5th standard pass and when once the Gang Mazdoors were included in the feeder category for being promoted as Drivers for Light Motor Vehicles, then there cannot be any further condition in respect of those candidates. In fact, by the letter dated 31.08.2010, the Government informed the Director General of Highways Department that for bringing Gang Mazdoors into Tamil Nadu Basic Service, it is unnecessary to amend the Adhoc Rules, by incorporating the post of Gang Mazdoor as a feeder category. He further submitted that the Adhoc Rules prescribes educational qualification only for direct recruitment and for promotion or for recruitment by transfer, no such condition has been prescribed. It is not the case of the respondents that the petitioners do not have licence for Light Motor Vehicle and that they belong to Gang Mazdoors coming under the feeder category for the said post. 5.In view of the same, the impugned order reverting the petitioners to the lower post, on account of want of educational qualification, must necessary be set aside and accordingly, the impugned order stands set aside and the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. TK To 1.The Principal Director Highways Department Anna Salai, Chennai – 600 006. 2.Superintending Engineer Chennai Circle Highways Department Anna Salai, Chennai – 600 006. 1 cc to Government Pleader, Sr. 37165 1 cc to M/s. P. Raja, Sr. 37116 W.P.NO.452 OF 2011 RV (CO) kk 1/7 https://hcservices.ecourts.gov.in/hcservices/