V. Sivakumar v. N. S. Palaniappan, IAS The Secretary to Government
2022-07-19
S.M.SUBRAMANIAM
body2022
DigiLaw.ai
JUDGMENT : (Prayer : Contempt Petition filed Under Section 11 of Contempt of Courts Act, 1971, to punish the respondents for committing Contempt of Court of the order dated 08.08.2014 in W.P.No.5946 of 2014.) 1. The Contempt Petition has been filed to punish the respondents for committing Contempt of Court of the order dated 08.08.2014 in W.P.No.5946 of 2014. 2. The operative portion of the order passed by this Court reads as under: “5. I have gone through the judgment rendered in W.P.(MD).Nos.2046 to 2048 of 2006 dated 12.11.2009 and the petitioners are also similarly placed and therefore, the petitioners are also entitled to be given promotion, following the same order. 6. Hence, the writ petition is disposed of by directing the respondents to include the names of the petitioners in the current panel for promotion to the post of Assistant Executive Engineer, and the petitioners are at liberty to claim promotion from their anterior date, if they are so entitled to. It is also made clear that the respondents are directed to include the names of the petitioners in the current panel, if the petitioners satisfy the other legal requirements and if there is no other disqualifications, within a period of twelve weeks from the date of receipt of a copy of this order. 7. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.” 3. Mr.N.G.R.Prasad, learned Senior Advocate appearing on behalf of the petitioners mainly contended that the order passed by this Court is to be read along with the order passed in W.P.(MD). Nos.2046 to 2048 of 2006 dated 12.11.2009, which was also a similar case. 4. The contempt petitioners had completed 10 years of service in the Post of Junior Engineer and therefore, they should be fixed in the quota allotted for the Diploma holders for promotion to the Post of Assistant Executive Engineer directly. When the petitioners were fully qualified and completed 10 years of service as required under the relevant rules, the respondents have not considered the name of the petitioners for inclusion in the panel and for promotion and thus, the respondents have committed contempt of court wilfully. 5.
When the petitioners were fully qualified and completed 10 years of service as required under the relevant rules, the respondents have not considered the name of the petitioners for inclusion in the panel and for promotion and thus, the respondents have committed contempt of court wilfully. 5. The petitioners have drew the attention of this Court with reference to the orders passed by the Madurai Bench of Madras High Court, wherein, the issues were discussed and a direction was issued to promote the petitioners therein by way of transfer of service to the Post of Assistant Executive Engineers, if they satisfy the other legal requirements and if there is no other disqualification. When the contempt petitioners are also fully qualified and satisfy the requirements contemplated under the rules, the case of the petitioners was willfully not considered by the respondents. 6. The learned Additional Advocate General appearing on behalf of the respondents objected the said contentions by stating that the petitioners did not possess the requisite qualifications as per the rules in force. The petitioners have not completed 10 years of service with reference to the panel of the year 2013-14. In this regard, the Government has passed an order in letter dated 22.01.2015 addressed to the contempt petitioners, which was acknowledged by the contempt petitioners. Thus, the respondents have not committed any contempt of Court. 7. The respondents have further filed a Compliance Report, categorically stating that the eligibility of the petitioners have been examined based on the existing Rule Provisions i.e., as per Rule 2(c)(ii), 22(c)(iii) and Rule 5 of the Special Rules for Tamil Nadu Engineering Services and Tamil Nadu Engineering Subordinate Services and found that the petitioners were not reached the zone of elevation by recruitment by transfer to the post of Assistant Executive Engineer and many seniors to them are still awaiting their due turn for promotion to the post of Assistant Executive Engineer. 8. The respondents have further stated that the name of the petitioners will be considered as and when their turn reaches for promotion to the post of Assistant Executive Engineer at appropriate time. The facts were informed in detail to the petitioners vide Government letter dated 22.01.2015 and the same have been forwarded to them through the second respondent i.e., through proper channel and the petitioners have also acknowledged the receipt of the letter issued by the first respondent.
The facts were informed in detail to the petitioners vide Government letter dated 22.01.2015 and the same have been forwarded to them through the second respondent i.e., through proper channel and the petitioners have also acknowledged the receipt of the letter issued by the first respondent. Therefore, the orders of this Court has been complied with and there is no willful disobedience or otherwise. 9. Let us consider the directions issued by this Court. There was no elaborate adjudication of issues in the writ petition by this Court as far as the writ filed by the contempt petitioners are concerned. 10. This Court, following the earlier order passed by the Madurai Bench of Madras High Court in W.P.(MD). Nos.2046 to 2048 of 2006 dated 12.11.2009, passed the order in the writ petition filed by the contempt petitioners. 11. The writ petition was disposed of by directing the respondents to include the name of the petitioners in the current panel for promotion to the post of Assistant Executive Engineer and the petitioners are at liberty to claim promotion from their anterior date, if they are so entitled to. It is also made clear that the respondents are directed to include the names of the petitioners in the current panel, if the petitioners satisfy the other legal requirements and if there is no other disqualifications, within a period of twelve weeks. 12. The very same direction was issued by the Madurai Bench of Madras High Court, wherein, a direction was issued, if the petitioners therein satisfy the legal requirements and if there is no other disqualification. 13. Therefore, inclusion of panel and consequential promotion is to be granted subject to the fulfilment of the requirements contemplated under the rules in force. Compliance of rule is the subjective satisfaction to be verified by the respondents. In other words, the respondents as per the directions issued by this Court, are bound to verify the eligibility and requisite qualifications and other relevant factors for the purpose of inclusion of the name of the petitioners in the panel for promotion to the post of Assistant Executive Engineer by way of transfer of service directly. The normal line of promotion from the post of Junior Engineer is Assistant Engineer and thereafter, to the post of Assistant Executive Engineer.
The normal line of promotion from the post of Junior Engineer is Assistant Engineer and thereafter, to the post of Assistant Executive Engineer. Since the rule contemplates direct promotion to the post of Assistant Executive Engineer by way of transfer of service on completion of 10 years in the post of Junior Engineer, the eligible persons were considered in accordance with the said rule and as per the ratio fixed between Diploma holders and Degree holders. 14. The learned Additional Advocate General made a submission that the petitioners were promoted as Junior Engineer on 08.10.2004 and the crucial date for preparation of panel for promotion to the post of Assistant Executive Engineer by way of transfer of service was 01.04.2013. Thus, the petitioners during the relevant point of time, had not completed 10 years of service and therefore, they are not eligible for promotion to the post of Assistant Executive Engineer. However, the petitioners were already promoted to the post of Assistant Engineer, which is the regular line of promotion available under the relevant Service Rules. 15. Thus, the directions of this Court is to grant promotion to the writ petitioners only if they satisfy the legal requirements and if there is no other disqualification. 16. The learned Additional Advocate General appearing on behalf of the respondents made a submission that the panel of the year 2013-14 was published and the name of the contempt petitioners was not considered as they had not completed 10 years of service as on the crucial date. No panel was prepared for promotion to the post of Assistant Executive Engineer during the year 2014-15. Thereafter, the panel was prepared only during the year 2012-22 and in the said panel, the name of the writ petitioners was included and they were promoted to the post of Assistant Executive Engineer. 17. The learned Additional Advocate General further contended that regarding the judgment of the Madurai Bench of Madras High Court, also the respondents have considered the eligibility and those petitioners were not granted promotion to the post of Assistant Executive Engineer as they were also not qualified during the relevant point of time. Therefore, the department has ascertained the eligibility and qualifications in accordance with the rules and as per the directions issued by the Madurai Bench of Madras High Court as well as by this Court in the writ petition. 18.
Therefore, the department has ascertained the eligibility and qualifications in accordance with the rules and as per the directions issued by the Madurai Bench of Madras High Court as well as by this Court in the writ petition. 18. At the outset, it is contended that the Court directed the authorities to verify the qualifications, eligibility in accordance with the rules and if the petitioners are otherwise eligible, then alone their cases are to be considered in accordance with the rules. 19. In strict compliance of the orders of this Court, eligibility, qualifications of the employees were considered and accordingly, promotion orders were issued. 20. When the respondents have elaborately considered the facts with reference to the service particulars of the writ petitioners and found that the petitioners are not eligible for promotion in the panel in accordance with the Tamil Nadu Engineering Service and the Tamil Nadu Engineering Subordinate Service Rules, they have informed the writ petitioners that their name will be considered as and when their turn reaches for promotion to the post of Assistant Executive Engineer at appropriate time. It is categorically stated that the petitioners were not reached the zone of elevation by recruitment by transfer to the post of Assistant Executive Engineer and many seniors to them are still awaiting their due turn for promotion to the post of Assistant Executive Engineer. However, the regular line of promotion to the post of Assistant Engineer was already granted to these petitioners. 21. Thus, this Court has no hesitation in forming an opinion that the orders passed by this Court has been implemented by the respondents in its letter and spirit and there is no wilful disobedience or violation. 22. Thus, the order passed by this Court in W.P.No.5946 of 2014 dated 08.08.2014 has been complied with. Accordingly, the contempt petition stands dismissed. No costs.