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2009 DIGILAW 1000 (MAD)

K. S. Shanmugam & Others v. The Secretary to Government, P & AR Department & Others

2009-04-06

S.NAGAMUTHU

body2009
Judgment 1. The petitioners in all the writ petitions have been working as Gangmazdoors in the State Highways Department. Admittedly, they have passed 10th Standard Examination conducted by the Directorate of Government Examinations. The Government of Tamil Nadu issued G.O.(MS).No.193 Highways & Minor Ports (HK3) Department, dated 01.08.2008 thereby amending the rules relating to the qualification for the post of Revenue Inspector Grade II. As per the amended rule, the qualification is a pass on 10th Standard. The grievance of the petitioners is that though they have already passed 10th Standard, they have not been considered for the post of Revenue Inspector Grade II. With the above said grievance, they have come forward with these writ petitions seeking appropriate relief. 2. I have heard Mrs. Malarvizhi Udhayakumar, learned Special Government Pleader appearing for the respondents, who would submit that based on the Educational Qualifications of these petitioners, they would be considered. 3. I have considered the aforesaid submissions. When the similar issue came up for consideration before me in W.P.No.8631 of 2008 before the Madurai Bench of Madras High Court, by order dated 111. 2008. I have held as follows:- “4. In my considered opinion, the only objection raised by the learned Government Advocate for the respondents is not at all sustainable. Admittedly, the petitioner has passed the 10th Standard belatedly. Pass in 10th Standard after lapse of 10 years cannot be quoted as a disqualification. Thus, the only objection raised by the learned Government Advocate for the respondents is rejected. 5. In the result, the Writ Petition is allowed and the respondents are directed to consider the case of the petitioner for the purpose of including his name in the panel dated 16.09.2008 and promote him as Road Inspector with seniority and give him all other service benefits, if he satisfies the other legal requirements. Consequently, connected M.P. is closed. No costs.” 4. The conclusion arrived at in the said judgment squarely applies to the petitioners. There is no dispute at all in all these cases that the petitioners have got 10 Standard Pass qualification and they have been working as Gangmazdoors for many years. Therefore, they are entitled for being considered for the post of Revenue Inspector Grade II. 5. The conclusion arrived at in the said judgment squarely applies to the petitioners. There is no dispute at all in all these cases that the petitioners have got 10 Standard Pass qualification and they have been working as Gangmazdoors for many years. Therefore, they are entitled for being considered for the post of Revenue Inspector Grade II. 5. In view of the above, all the Writ Petitioners are allowed and the respondents are directed to consider the petitioners and appoint them as a Revenue Inspector Grade II as per their seniority and give them all service benefits, if they satisfy the other legal requirements. Consequently, M.P.Nos.1 of 2008 are closed. No costs.