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ASSOCIATION OF ENGINEERS Vs. STATE OF TAMIL NADU

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CITATION2024 SCC ONLINE SC 539
DATE OF JUDGEMEMT 16th April, 2024
COURTSupreme Court of India
APPELLATEAssociation of Engineers
RESPONDENTState of Tamil Nadu
BENCHJustice B.R. Gavai and Justice Sandeep Mehta

INTRODUCTION

The case of Association of Engineers Vs. State of Tamil Nadu revolves around the eligibility of Technical Assistants to compete for Assistant Engineer positions in the Tamil Nadu State Government. The case has a long history with the Tamil Nadu administrative tribunal, initially dismissing the Technical Assistants claim in 1997. This was upheld by the Madras High Court. The judgement of this case was given by the Supreme Court of India on 16th April,2024. The case has seen amendments to special rules allowing Technical Assistants with five years of service to be appointed as Assistant Engineers upon acquiring a specific degree qualification. The case follow up the dispute over the appointment process eligibility criteria and the allocation of vacancies for assistant engineers in the state, emphasising the legal intricacies surrounding the recruitment of technical assistant in the engineering field.

FACTS OF THE CASE

  1. The employees in question are governed by the Tamil Nadu State and Subordinate Service Rules, falling under the Tamil Nadu Engineering Service and Tamil Nadu Engineering Subordinate Service. 
  2. In 1990, the Public Works Department of Tamil Nadu issued an order allowing certain officers, including technical assistant, with five years of service and a B.E/A.M.I.E. qualification to be appointed as Assistant Engineers on transfer. 
  3. The case involves a dispute over the appointment of Technical Assistant as Assistant Engineers on a temporary basis due to a storage of eligible candidates to fill vacancies by transfer. 
  4. In 1994, TNPSC issued an advertisement for direct recruitment of assistant engineers, which was challenged by Junior Draughting officers, draughting officers and technical assistants before the Tamil Nadu administrative tribunal.
  5. The Association of engineers file the writ petition in 2007, challenging appointment orders on the ground of violating previous court orders. Multiple writ petitions were filed regarding assistant engineer appointments and related orders.
  6. The state government directed the appointment of 21 Technical Assistants as Assistant Engineers temporarily, which was challenged by the Association of Engineers.

ISSUED RAISED

  1. Whether Technical Assistants who have completed five years of service and acquired a B.E./A.M.I.E. qualification can be appointed as Assistant Engineers under G.O. No.1 dated 2/1/1990 and G.O. No.88 dated 22/1/1991 issued by the government of Tamil Nadu. 
  2. Whether the appointment of Technical Assistant as Assistant Engineers is valid and does not violate the statutory rules governing the Tamil Nadu Engineering Service.
  3. Whether the services of the Technical Assistant appointed as Assistant Engineers have been regularized as per the provisions of G.O. Ms. No.155 dated 13/8/2015 issued by the government of Tamil Nadu.
  4. Whether the Technical Assistant upon being appointed as Assistant Engineers can compete for the 75% quota earmarked for direct recruits or are limited to the 25% quota apportioned for the subordinate engineering service.

CONTENTIONS OF APPELLANT

  1. The appellant contends that Technical Assistants upon acquiring a degree in engineering and being promoted to Assistant Engineers should be entitled to compete for positions against the 25% quota apportioned for members of the Subordinate Engineering Service, rather than being limited to the 25% quota.
  2. The argument emphasised that Technical Assistant are not encroaching upon the quota designated for directly recruited Assistant Engineers, and should be considered for promotions based on their qualifications and services.
  3. The Appellant challenges the notion that the services of Technical Assistants are not regularised, highlighting that the Technical Assistants services are indeed regularised as per relevant government orders. The appellants argument aims to establish the eligibility and rightful position of Technical Assistants in the promotion and recruitment processes within the Tamil Nadu Engineering Service.

CONTENTIONS OF RESPONDENT

  1. The respondent argued that the government’s decision to regularise the services of Engineers was based on the recommendations of the Pay Grievance Redressal Cell and was not arbitrary. 
  2. They also contended that the regularization was done to address the issue of stagnation in the cadre of Assistant Engineers. The respondents highlighted that the regularization was not in violation of any rules or regulation, and was legitimate action taken by the government to rectify long standing issues within the engineering cadre. They pointed out that the appointment of assistant engineers from junior engineers who acquired a degree in engineering was not encroaching upon the quota apportioned for directly recruited Assistant Engineers.
  3. The respondent clarified that the Technical Assistants were only claiming towards the 25% post designated for them, which did not overlap with the 75% quota for direct recruits. They also emphasized that the services of the Technical Assistants had been regularized contrary to the appellants claim, as evidenced by the government orders and records.
  4. The respondents address the issue of competition between direct recruits and promotees. They argued that once Technical Assistant were promoted to the cadre of Assistant Engineers, they would compete for promotional posts only from the 25% quota allocated for them, while direct recruits would have access to the 75% quota designated for them. This distinction aim to ensure fairness in promotions and opportunities within the engineering service cadre.

JUDGEMENT

The judgement delivered by the Supreme Court of India on 16th April 2024, upheld the decision of the Tamil Nadu government to Technical Assistant as Assistant Engineers the case stemmed for a series of order and challenges dating back to the early 1990s. In 1990 PWD (Public Works Department) issued an order accepting recommendations to appoint junior drafting officers, drafting officers, overseers and technical assistant with five years of service and B.E./A.M.I.E qualification as assistant engineers. Subsequently, in 1991 G.O. Ms. No.88 clarified that TNPSC need not be consulted for these appointments. Challenges arose including a petition in 1991 questioning the validity of part time B.E. degrees. The court found the Association of Engineers approach unfair as they aim to occupy all available positions of assistant engineers, including those reserved for candidates promoted from subordinate services like technical assistants. The court emphasized the importance of adherence to established rules and interpretation of eligibility criteria for promotions within the public service sector. The Supreme Court ruled in the favor of the state of Tamil Nadu, upholding the appointments of technical assistants as assistant engineers, which was challenged by the Association of Engineers.

ANALYSIS 

The case of Association of Engineers Vs. state of Tamil Nadu has set an important precedent for the future cases related to appointments and promotions within the Tamil Nadu Engineering Service. Some of the key takeaways from the judgement are:  

The case underscores the importance of having clear and transparent procedures for appointments and promotions within the public service sector, particularly in the engineering field. The judgement emphasizes the importance of qualifications in determining eligibility for promotions, setting a precedent for the future cases. The Supreme Court’s consistent interpretations of rule governing appointments and promotions within the Tamil Nadu Engineering Surveys will guide future decisions ensuring fairness and preventing arbitrary interpretation. The court’s decisions to uphold the Tamil Nadu government’s appointment of technical assistants as assistant engineers based on established rules and practises will strengthen the government’s authority in making such decisions.

CONCLUSION

The case went through various judicial proceedings, including appeals in the Madras High Court and the Supreme Court of India. The case originated from government orders issued in 1990 and 1991 allowing technical assistants with five years of service and B.E./A.M.I.E qualification to be appointed as assistant engineers. Challenges were raised by the Association of engineers, leading to a series of petitions and appeals in the High Court and Supreme Court of India. The Supreme Court upheld the decision of the Tamil Nadu Government to appoint technical assistants as assistant engineers based on established rules and historical practices within the Tamil Nadu engineering services. The court invoked principles of equity and practicality in its decision, avoiding a strict rule based approach due to the evolve complexities and state administrative practices. It highlighted the intricate balance between legal interpretations, administrative decisions and practical considerations in public service employment matters.

REFERENCES

  1. https://indiankanoon.org/doc/18291089 
  2. https://www.casemine.com/judgement/in/64cca4cb44fff14600e9f2 

This article is written by Priya Patel, student of S.S Khanna Girls’ Degree College, Prayagraj. Intern at Legal Vidhiya.

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