The Supreme Court recently upheld the decision of the Tamil Nadu government to appoint technical assistants as assistant engineers in the Public Works Department. The top court expressed disappointment over the attitude of the Associations of Engineers in Tamil Nadu to grab all posts of assistant engineers in the state without leaving the posts for the candidates promoted from the subordinate services.
The bench of Justice BR Gavai and Justice Sandeep Mehta observed that it can be clearly seen that the state government was required to take a decision to appoint technical assistants as assistant engineers on temporary basis as it was found that among 122 vacancies apportioned to the post of assistant engineer to be filled up by recruitment by transfer, only 29 vacancies had been filled so far.
The bench added that it appears that the attempt of the appellant association is to grab all the posts available even those apportioned for the candidates promoted from subordinate services. It remarked that the said attitude is totally unequitable.
The matter relates to the appointment of the assistant engineers in the state of Tamil Nadu, where out of a total number of positions, 75 percent of the posts were to be filled up by way of direct recruitment, and the remaining 25 percent of posts were to be filled up by recruitment by transfer.
Owing to the dearth of eligible candidates to fill the remaining vacancies by transfer, the Tamil Nadu government issued directions directing the appointment of 21 persons in the category of technical assistant, who possessed B.E./A.M.I.E. qualification in Civil Engineering and have rendered 5 years of service on a temporary basis.
The appointment of technical assistants to the post of assistant engineer was challenged by the appellant/Association of Engineers submitting that such an appointment was arbitrary and illegal as the entire recruitment exercise encroaches the 75 percent of posts reserved for the Association and was carried out through a backdoor entry without conducting the examinations.
Dismissing the submission, the order authored by Justice BR Gavai stated that the Technical Assistants are, in no way, encroaching upon the quota apportioned for directly recruited assistant engineers.
The apex court clarified that there would be no competition amongst direct recruits and promotees. Mentioning that no interference of the court is warranted under Article 136 of the Constitution, the court dismissed the appeal.