V. Jayapaul v. Government of Tamil Nadu rep by its Secretary, Municipal Administration & Water Supply Department Secretariat, Chennai
2012-07-10
VINOD K.SHARMA
body2012
DigiLaw.ai
Judgment :- This judgement shall dispose of the following writ petitions, viz., for the sake of brevity, the facts are being taken from W.P.No.48532 of 2005. 2. The petitioner was appointed as Electrician Grade II in Engineering Establishment of Tiruppur Municipality on 31.8.85. 3. The petitioner, during his service, acquired qualification of B.E in Electrical and Electronics, with permission from competent authority. The petitioner, was, promoted to the post of Electrician Grade I, on 26.6.94. The next channel of promotion in the cadre of Engineering Establishment from post of Electrician Grade I is Electrical Superintendent. 4. In exercise of powers conferred under Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the statutory rules for Tamil Nadu Municipal Engineering Services Rules, 1997 have been framed. Under the Rules, the post of Assistant Engineer is to be filled up by direct recruitment or recruitment by transfer from the post of Junior Engineers in the Tamil Nadu Municipal Engineering and Water Work Service. 5. In view of the fact that the chancesof promotion to the post of Electrical Superintendent Engineer are remote the petitioner filed a representation with the respondent to consider the petitioner for appointment to the post of Assistant Engineer, by transfer being qualified B.E. Graduate. 6. The Tamil Nadu State Administrative Tribunal, on the application moved by the petitioner, directed the respondent to consider the representation of the petitioner for appointment to the post of Assistant Engineer. 7. The representation filed by the petitioner was rejected vide impugned order, the translated copy of which, reads as under: “After having examined the above subject, the following decision is conveyed through the Government letter cited. The post of Electrician Grade I comes under Category 4 in Division 4 of Municipalities Engineering Subordinate Service Rules, 1970. But, according to Rule 3, the post of Assistant Engineer should be filled up by Direct Recruitment or by effecting transfer of the Junior Engineer working in the Municipalities. Since above Applicants belong to the Tamil Nadu Municipality Engineering Subordinate Services, they have separate avenue of being promoted to the next post as Electrical Superintendent from their present post. There is no provision in the Municipality Engineering Service Rules to appoint Electrician Grade I as Assistant Engineer. Therefore, the request of the Petitioners cannot be complied with. Similar order was passed in respect of the other petitioner also. 8.
There is no provision in the Municipality Engineering Service Rules to appoint Electrician Grade I as Assistant Engineer. Therefore, the request of the Petitioners cannot be complied with. Similar order was passed in respect of the other petitioner also. 8. The learned counsel for the petitioner vehemently contended, that the impugned order cannot be sustained, as it is outcome of the non-application of mind, as the petitioner did not seek appointment to the post of Assistant Engineer, but had only requested to consider his case after directing the respondent to fill up the post by following the procedure laid down under Employment Exchange (Compulsory Notification of Vacancies) Act, 1959. This contention is misconceived, as the petitioner had no locus-standi to direct filling up of the post in a different cadre, merely because he is eligible for appointment. The rule stipulates filling up of the post either by direct recruitment or by transfer. It is left to discretion of the competent authority to fill up the post of Assistant Engineer. 9. The petitioner has not placed on record any notification or advertisement, which may have been issued by the Municipal Committee to fill up the post of Assistant Engineer, in violation of the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959, which could give a cause of action to the petitioner to challenge such an advertisement. 10. The only prayer made by the petitioner in the petition is that the petitioner also wants to be considered for the post, without pleading any facts whether the posts are being filled up or not. The petitioner has also not placed anything on record showing the appointment of any person in violation of any Act or Rules, which could give him a cause of action. 11. The point raised in this writ petition therefore, is purely academic in nature. This Court, in exercise of writ jurisdiction, neither issue futile writ, nor deals with purely academic issues. The writ also cannot be taken as public interest petition, as no public interest litigation is competent in service matters, except in case of writ of quo warranto. 12. In the impugned order, it is rightly pointed out, that the petitioner is not entitled to be considered for appointment to the post of Assistant Engineer by transfer. 13. The petitioner at best can be considered for direct recruitment on fulfilling qualification, as and when advertised.
12. In the impugned order, it is rightly pointed out, that the petitioner is not entitled to be considered for appointment to the post of Assistant Engineer by transfer. 13. The petitioner at best can be considered for direct recruitment on fulfilling qualification, as and when advertised. Admittedly, as on date, there is no material showing that the post of Assistant Engineer is being filled up by direct recruitment in violation of any act or rules. 14. Finding no merit, both the writ petitions are dismissed. No costs.