LexASSOCIATION OF ENGINEERS AND OTHERS ETC. versus THE STATE OF TAMIL NADU AND OTHERS ETC.
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* Author [2024] 5 S.C.R. 545 : 2024 INSC 306 Association of Engineers and Others Etc. v. The State of Tamil Nadu and Others Etc. Civil Appeal No. 4886-4888 of 2023 (Arising out of SLP (C) No. 17269-17271 of 2022) 16 April 2024 [B. R. Gavai* and Sandeep Mehta] Issue for Consideration Validity of appointing Technical Assistants (forming part of state subordinate services) as Assistant Engineers on transfer - challenged. Headnotes Tamil Nadu State and Subordinate Service Rules – Civil Appeal Nos. 4886 to 4889, 4892 and 5748 to 5750 of 2023 (‘Batch 1’) – A Government Order (‘GO’) was issued allowing appointment of Junior Draughting Officers, Draughting Officers, Overseers and Technical Assistants with 5 years of service and B.E./A.M.I.E degree, to the post of Assistant Engineers, on transfer basis – Challenge before High Court upheld – Several posts of Assistant Engineers, earmarked for filling on transfer basis remained vacant between 1991 to 2002 – Therefore State Government appointed Technical Assistants to the said post, on temporary basis – This executive decision challenged in High Court – Ground – For being violative of an earlier order of State Administrative Tribunal (‘SAT’) (affirmed by High Court and Supreme Court on appeal), which upheld inclusion of Junior Draughting Officers and Draughting Officers (but not of Technical Assistants) in the direct recruitment process to the post of Assistant Engineers pursuant to a government advertisement – Single Judge upheld the challenge to the above executive decision and directed State Government to bring necessary amendments to the Rules – On appeal, the Division Bench set aside the decision of Single Judge by order dated 03.08.2022, hence the present appeal. 546 [2024] 5 S.C.R. Digital Supreme Court Reports Held: Even if Technical Assistants did not challenge SAT’s order, the High Court upheld the validity of GO in totality and appeal against the said order of High Court stood dismissed by this Court. Judgment in B. Thirumal ((2014) 16 SCC 593) relied on by Appellants is distinguishable as Technical Assistants herein do not claim right over 75% quota reserved for direct recruitment of Assistant Engineer but only seek consideration within 25% quota reserved for subordinate services, as long as they possess the requisite qualification. Appellants contention to disregard Technical Assistants’ candidature for want of their regularisation stood negated in light of the GO dated 13.08.2015 which regularised them. State Government’s decision of temporarily appointing Technical Assistants as Assistant Engineers was a need-based decision as large number of posts reserved for recruitment by transfer remained unfilled – Appellants cannot be allowed to have a right over posts earmarked for recruitment by transfer of those belonging to subordinate services – Appeal dismissed. [Para 17-23, 25, 27]. Practice and Procedure – Remand – Civil Appeal Nos. 4372, 4890, 4891 and 5747 of 2023 (‘Batch 2’) – Individual appeals allowed and respective cases remanded to High Court for fresh consideration on specific facts of each case. Held: On the request of parties – Matter remanded for fresh consideration as High Court passed Impugned Orders without appreciating parties’ submissions – Impugned Orders set aside; Appeals allowed. [Para 30, 31] Case Law Cited Narpat Singh and Others v. Jaipur Development Authority and Another [2002] 3 SCR 365 : (2002) 4 SCC 666 – relied upon. Association of Engineers v. Government of Tamil Nadu and Others [2017] 11 SCR 713 : 2017 INSC 906; B. Thirumal v. Ananda Sivakumar and Others [2013] 14 SCR 1076 : (2014) 16 SCC 593 – referred to. List of Acts Constitution of India; Tamil Nadu State and Subordinate Service Rule. [2024] 5 S.C.R. 547 Association of Engineers and Others Etc. v. The State of Tamil Nadu and Others Etc. List of Keywords Technical Assistants; Feeder category; Subordinate service; Draughting Engineers; Direct recruitment; Appointment by transfer; Vacancy filled on temporary basis; Regularization; Executive instructions; Filling legislative gaps. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 4886-4888 of 2023 From the Judgment and Order dated 03.08.2022 of the High Court of Judicature at Madras in WA No. 82 and 95 of 2015 and WP No. 5251 of 2022 With Civil Appeal No. 4372, 4891-4892, 4889-4890 and 5747-5750 of 2023 Appearances for Parties Mrs. Madhavi Divan,
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