Tamilnadu Rural Dev.Eng.Asso vs Secretary To Govt.Rural Dev.Dept.& Ors

3. Since the facts involved in the controversy in all the appeals are common, we shall make a reference to the facts as narrated by the High Court. This shall be supplemented by any additions made by the parties in this Court.

4. The facts noticed by the High Court are that the members of the Tamil Nadu Rural Development Engineers' Association (hereinafter referred to as 'Appellants') were initially appointed as 'Overseers' by the then Highways and Rural Works Department and posted exclusively to various Panchayat Unions for executing all the Civil works / Rural works in the Panchayat Unions of Tamil Nadu. Since they were earlier under the administrative control of the erstwhile Highways and Rural Works Department, they had no proper avenues of promotion especially for the post of Assistant Engineer (for short ‘AE’) and many of them were languishing in the same post, i.e., as Overseers, for nearly two decades.

5. By virtue of G.O. Ms. No. 263, Rural Development Department (in short ‘RD Department’), dated 27th December, 1996, the Government of Tamil Nadu decided to set up a separate ‘Engineering Wing’ for the RD Department itself so as to exercise adequate control over various Central and State sponsored Schemes and accordingly several new posts such as Assistant Engineers (AE). Assistant Executive Engineers (AEE), Executive Engineers (EE) and Superintending Engineers (SE), were created.

7. As soon as the Engineering Wing was created in the RD Department, the posts were filled up by drawing personnel from other technical Departments of Government of Tamil Nadu on 'deputation basis' as an interim arrangement. However, the Tamil Nadu Highway Engineers Association opposed the creation of a separate Engineering Wing under the RD Department and filed Original Application in O.A. No. 253 of 1997 before the Tamil Nadu Administrative Tribunal (in short 'Tribunal'). This Application was dismissed by the Tribunal by order dated 12th November, 1997. Aggrieved by the order of the Tribunal, the Association filed W.P. No. 6513 of 1998 before the Madras High Court. By order dated 2nd April, 2002, the Madras High Court upheld the order of the Tribunal.

9. A group of AE - Direct Recruits, on completion of five years of service in the RD Department, filed O.A. Nos.1068 to 1081 of 2004 before the Tribunal, praying that they be considered for promotion to the post of AEE in the RD Department under Rule 39 of General Rules of the Government of Tamil Nadu. The Tribunal, by Order dated 16th March, 2004, directed the Government and the Director, RD Department, to consider and grant promotion to the applicants under Rule 39 of the General Rules. It was also held that regular promotion and selection can be done after preparing a Panel. This order was challenged by the Appellants in Writ Petition Nos. 34029 and 34040 of 2004 and 1174 of 2005.

IV. 209 posts in the category of Block Engineers/Assistant Engineer (RD) will be earmarked to be filled up by promotion from the feeder categories of Overseers and Junior Draughtsman. But this route would be open to them only after they exercise their option and are permanently absorbed in RD Department……”

32. The appeals are accordingly dismissed.

September 27, 2013.