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2009 DIGILAW 3633 (MAD)

M. Ramamoorthy v. Executive Engineer PWD Building & Construction Sub-Division II Trichirapalli & Another

2009-09-09

D.HARIPARANTHAMAN

body2009
Judgment :- The Original Application in O.A.No.4363 of 2002 before the Tamil Nadu Administrative Tribunal is the present writ petition. 2. The petitioner joined as a NMR in Public Works Department on 11.09.1975. In view of Government Order in G.O.Ms.No.193, Public Works Department, dated 25.01.190, he was regularised from 01.01.1986, on completion of ten years of service. His name was found in Annexure – I of the aforesaid G.O.Ms.No.193. In the said Annexure, he was described as Works Clerk Grade – II. 3. According to the petitioner, in view of para 3(2)(iv) of G.O.Ms.No.1574, Public Works Department, dated 02.08.1984, the category of Works Clerk got merged with the category of Work Inspector. Hence, he should have been designated as Work Inspector Grade – II. That is, his grievance is that he should have been designated as Work Inspector Grade – II, as the post of Works Clerk got merged in 1984 itself. 4. The petitioner filed Original Application in O.A.No.4363 of 2002 (W.P.No.37964 of 2005) praying for a direction to direct the second respondent to redesignate him as Work Inspector Grade – II with effect from 01.01.1986 and consequently to fix him in the pay of Work Inspector Grade – II and to revise his salary as Work Inspector Grade – II, with all monetary benefits. 5. Heard the submissions made by Mr.N.S.Nandakumar, learned counsel for the petitioner and Mr.P.Muthukumar, learned Government Advocate for the respondents. 6. I have perused the Government Order in G.O.Ms.No.1574, Public Works Department, dated 02.08.1984. As per para 3(2)(iv) of the said G.O., the category of Works Clerk was merged with the category of Work Inspectors. This is also not in dispute. Hence, after 02.08.1984, there was no post called Works Clerk and those posts got merged with Work Inspectors. 7. However, without noticing that the post of Works Clerk got merged with Work Inspectors, in various divisions of the Public Works Department, the NMRs were designated as Works Clerk like that of the petitioner. But, in those cases, the mistake was rectified retrospectively, based on the instructions dated 16.09.1994 of the Chief Engineer (General), Public Works Department, Chepauk, Chennai. 7. However, without noticing that the post of Works Clerk got merged with Work Inspectors, in various divisions of the Public Works Department, the NMRs were designated as Works Clerk like that of the petitioner. But, in those cases, the mistake was rectified retrospectively, based on the instructions dated 16.09.1994 of the Chief Engineer (General), Public Works Department, Chepauk, Chennai. The Superintending Engineer, WRO, PWD, Trichy Circle; the Executive Engineer, WRO, PWD, Aliyar Division, Trichy Circle; the Executive Engineer and General Superintendent, PWD (Workshop and Stores), Chennai; the Executive Engineer, Buildings (Construction and Maintenance), PWD, Ooty; the Superintending Engineer, Electrical and Building Maintenance , PWD, Chennai; the Deputy Director, Ground Water Division, Poondi; the Executive Engineer, Mettur Dam Division, Mettur and the Executive Engineer, Buildings (Construction and Maintenance), PWD, Dindigul, issued proceedings dated 112. 1997, 06.02.1998, 04.08.1999, 212. 1999, 27.03.2001, 30.01.2002, 08.05.2002 and 18.06.2003 respectively, redesignating the Works Clerk as Work Inspectors Grade – II, following the instructions issued by the Chief Engineer (General), Public Works Department, Chennai dated 16.09.1994 and the concerned employees were also given the arrears of pay. Those proceedings were also produced by way of typed set of papers. 8. Further, more interestingly, one Mr.Kalyana Sundaram, working in the same Division of the petitioner, filed O.A.No.4362 of 2002, when the petitioner filed O.A.No.4363 of 2002, claiming a similar relief. It is stated that since the relief was granted to him, he withdrew the Original Application. 9. In view of the said G.O.Ms.No.1574, Public Works Department, dated 02.08.1984 and the categorical instructions given by the Chief Engineer (General) PWD, Chennai, in his proceedings dated 16.09.1994 and various proceedings referred to above redesignating Works Clerk as Work Inspectors retrospectively and granting benefits also, following the instructions of the Chief Engineer (General) PWD, Chennai, the writ petition has to be allowed. However, the learned Government Advocate contends relying on the reply affidavit of the respondents that the petitioner was not recruited through Employment Exchange; he did not possess qualification for appointment as Work Inspector Grade – II and that therefore, he is not entitled to claim redesignation as Work Inspector Grade – II and the scale applicable to Work Inspector Grade – II. 10. I am not in agreement with the submissions made by the learned Government Advocate. 10. I am not in agreement with the submissions made by the learned Government Advocate. While merging the post of Works Clerk into Work Inspectors, all the persons, working as Works Clerk, were redesignated as Work Inspectors. Further, the very G.O.Ms.No.193 was issued, regularising the services of NMRs, who rendered ten years of service, without reference to Employment Exchange. In various proceedings cited by the learned counsel for the petitioner, the Works Clerk were redesignated as Work Inspectors Grade – II, following the instructions of the Chief Engineer (General), PWD, Chennai, without reference to any qualification. Hence, the contentions of the learned Government Advocate are rejected. 11. For the above said reasons, the writ petition is allowed. The respondents are directed to redesignate the petitioner as Work Inspector Grade - II with effect from 01.01.1986, with pay applicable to the said post and with subsequent revisions and to pay the petitioner, the arrears, pursuant to his redesignation as Work Inspector Grade – II, within a period of eight weeks from the date of receipt of a copy of this order. 12. With the above directions, the writ petition is disposed of. No costs.