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Judgment
P. Jyothimani, J.—The writ petitioners challenge the circular of the second respondent dated 28.8.2007 and pray for a direction against the
respondents to select the petitioners as per the Regulations and Amendment dated 19.5.2006 framed under the Tamil Nadu Veterinary and Animal
Sciences University Act, (for brevity, ""the Act"").
2.1 The case of the petitioner in W.P. No. 29124 of 2007 is that he has completed Diploma in Civil Engineering and joined the service as Junior
Engineer on 13.8.1993 in the Office of the Directorate of Centre for Animal Health Studies, Madhavaram Milk Colony, Chennai-51, in which post
he was working till the year 1999. He was transferred to the Estate Office, Tamil Nadu Veterinary and Animal Sciences University, Madhavaram
Milk Colony, Chennai from the year 1999 till November, 2000. Later, he was transferred to Madras Veterinary College, Vepery, Chennai-7 and
was working from November, 2000 to 2003 as Junior Engineer. He was transferred to Poultry Research Station from 12.11.2003 to 15.9.2004
and later was transferred to Madras Veterinary College, Vepery, Chennai-7 again. It is stated that, in the meantime, viz., during the year 2003, he
has joined B.E. Course in Civil Engineering and the next promotional avenue for him is Assistant Executive Engineer.
2.2. The case of the petitioner in W.P. No. 29326 of 2007 is that he has completed Diploma in Civil Engineering and joined the service as Junior
Engineer on 5.3.1990 in the Madras Veterinary College, Chennai-7 till 1994. He was transferred to the Fisheries College and Research Institute,
Tuticorin and served as Junior Engineer till 1997, during which year he was transferred to Madras Veterinary College and worked there till 2006.
Later, he was transferred to the office of Estate Officer of Tamil Nadu Veterinary and Animal Sciences University in the year 2006 and he is
working there as on date and the next promotional avenue for him is also Assistant Executive Engineer.
It is the case of the petitioners that, by virtue of the powers conferred under the Act, the Board of Management of the second
respondent/University has evolved certain procedure for selection to the post of Assistant Executive Engineer. The promotion to the post of
Assistant Executive Engineer, by virtue of the said amendment, was decided to be effected in the ratio of 3:1, viz., by promotion from among the
persons holding the post of Assistant Engineer and by recruitment by transfer from among the Junior Engineers respectively.
The complaint of the petitioners is that the University has issued a circular dated 28.8.2007, by which it was proposed to fill up the vacancy of
Assistant Executive Engineer by stipulating the qualification as for Degree holders with B.E. Degree with five years of experience in the cadres of
Assistant Engineer (Mechanical) and for Diploma in Engineering holders with not less than ten years of service in the post of Junior Engineer
(Mechanical).
The real grievance of the petitioners is that under the amendment made for the selection process dated 19.5.2006, the University has only stated
the qualification as B.E. or equivalent examination with five years of experience in the cadre of the post of Assistant Engineer and Diploma in
Engineering with not less than ten years experience in the post of Junior Engineer, without stating anything about Mechanical or Civil, which means
that even a person holding Degree in Civil Engineering will be entitled to promotion as Assistant Executive Engineer (Mechanical), whereas in the
circular issued on 28.8.2007, which is impugned, a restriction has been made stipulating that only the Mechanical Engineers are qualified for the
post of Assistant Executive Engineer (Mechanical) and therefore, according to the petitioners, the same is arbitrary, as the petitioners, who have
put in more than the requisite years of service are not able to get promotion to the post of Assistant Executive Engineer. It is the case of the
petitioners that even though they are eligible for promotion as per the amendment to the post of Assistant Executive Engineer, by the impugned
circular their promotional avenue has been stalled by imposing a restriction that only Junior Engineer (Mechanical) or Assistant Engineer
(Mechanical) are entitled to the post of Assistant Executive Engineer (Mechanical).
It is stated in the counter affidavit that till the date of the amendment, which was brought out on 19.5.2006, the method of selection to the post
of Assistant Executive Engineer was only from among the B.E. Degree holders with five years experience in the post of Assistant Engineer or
Junior Engineer and that was only by promotion among the Assistant Engineers or Junior Engineers, having the said qualification. It was only to give
promotional avenue to the non B.E. Degree holders like that of the petitioners, who have been languishing for many years working as Junior
Engineers, the amendment was brought in, by which, by the method of recruitment by transfer even Diploma holders in Engineering with not less
than ten years of service in the post of Junior Engineer were also directed to be promoted as Assistant Executive Engineer on 3:1 basis, as stated
above, which means that when three persons are appointed by promotion from among the B.E. Degree holders with five years of experience in the
post of Assistant Engineer, one person will be appointed by recruitment by transfer from among the Diploma in Engineering holders with not less
than ten years of experience as Junior Engineers. The said amendment has come into effect from 7.4.2006.
It is stated that when the post of Assistant Executive Engineer, either by promotion or by recruitment by transfer, is filled, necessarily the holders
of B.E. Degree must belong to the particular branch, namely, either Civil or Mechanical or Electrical. Simply because in the amendment, while
mentioning about the qualification and the method of selection it is only stated as B.E. Degree with five years of experience in the post of Assistant
Engineer or Diploma in Engineering with not less than ten years of experience in the post of Junior Engineer, it does not mean that the B.E. Degree
holder in Civil can be appointed as Assistant Executive Engineer (Mechanical). That was never the intention and that can never also be the
intention, since it is obvious that a Civil Engineering Graduate cannot act as a Mechanical Engineer and a Mechanical Engineering Graduate cannot
act as a Civil Engineer.
In respect of M/s.V.S.Sethumathavan, M.Justindurai and K.Ramamoorthy, it is stated that they are all B.E. Degree Holders in Civil and they
have all been promoted as Assistant Executive Engineer (Civil) on 8.12.1989, 5.6.1991 and 5.9.1995 respectively and therefore, there is no
promotion without qualification. It is also specifically denied that one V.Mohan with education qualification of Diploma in Civil Engineering was
posted as Assistant Executive Engineer (Mechanical). It is specifically stated that the said individual was appointed as Assistant Executive Engineer
(Civil) by transfer in the said ratio of 3:1 and therefore, the appointment was post-oriented and not person-oriented.
While it was the contention of the learned Counsel for the petitioners that, by virtue of the impugned circular dated 28.8.2007, a discrimination is
sought to be shown by specifically including the Cadre of Assistant Engineer (Mechanical) or Junior Engineer (Mechanical) for the post of
Assistant Executive Engineer (Mechanical), which was not the purport of the amendment made on 19.5.2006 and therefore, the entire act become
violative of Article 14 of the Constitution of India, it is the contention of Mr. S. Vijayakumar, learned Counsel for the first respondent that the writ
petitions, on the face of it, are not maintainable and are vexatious. It is his submission that merely because in the amendment it is not specifically
stated in the qualification and method of selection column about the Degree with Branch, viz., either Civil or Mechanical or Electrical, it does not
mean that when a vacancy in the cadre of Assistant Executive Engineer (Mechanical) arises, a person holding the post of Assistant Engineer (Civil)
or Junior Engineer (Civil) can be posted. The stream of studies in the three branches are entirely distinct and different and one cannot be qualified
for the other.
Mr. G.Rajagopalan, learned Senior counsel appearing for the fourth respondent, who has been impleaded, while adopting the arguments of the
first respondent/University would also submit that literally, the meaning of the word qualification and method of selection wherein B.E. Degree or
Diploma in Engineering is mentioned should be read as B.E. Degree in a particular branch either Civil or Mechanical or Electrical, in which the
vacancies arise, and no other foreign meaning can be imputed as per the latin maxim reddendo singula singulis.
After hearing the arguments of the respective counsel and on referring to the various documents, it is clear that before the amendment was
brought in by the respondent/University and its Board of Management, namely before 19.5.2006, the post of Assistant Executive Engineer Civil or
Mechanical or Electrical has been filled up only by way of promotion among the B.E. Degree holders having five years of experience as Assistant
Engineer or Junior Engineer. It is only for the purpose of enabling the Junior Engineers with Diploma in Engineering like that of the petitioners, who
have been working for many years in the respondent/University, to have a chance of being promoted as Assistant Executive Engineer Civil or
Mechanical or Electrical, the University passed an amendment by giving a chance to the Diploma holders along with the Degree holders holding the
post of Assistant Engineer and that was in the ratio of 3:1, by which three posts are given to the Assistant Engineers with B.E. Degree with five
years of experience in the post of Assistant Engineer and one post was given to Junior Engineers with Diploma in Engineering with not less than 10
years of experience as Junior Engineer. The amendment, which has been brought out by the University under S. No. 40, Appendix-1B of the
Regulations, is as follows:
Sl. Name of the posts and Qualification Method of Selection
No. scales of pay
40 Assistant Executive 1. By Promotion: By promotion from
Engineer (Civil/ among the post of
Mechanical/ Electrical) i) B.E. or equivalent examination Assistant Engineer/
approved by any University
Rs.8000-275-13500
ii) 5 years of experience in the cadre of the
post of Assistant Engineer. Recruitment by transfer
from among the post of
Junior Engineer in the
ratio of 3:1
By Recruitment by transfer:
Diploma in Engineering with not less than
10 years of service in the post of Junior
Engineer.
The contention of the learned Counsel for the petitioners is that for the post of Assistant Executive Engineer (Civil or Mechanical or Electrical),
which are certainly distinct and different in nature, while stipulating qualification either by promotion or recruitment by transfer, the amendment has
not stated B.E. Degree in a particular subject, either Civil or Mechanical or Electrical, or the Diploma in Engineering in Civil or Mechanical or
Electrical and therefore, it should be taken that either by promotion or recruitment by transfer if a post of Assistant Executive Engineer is to be
filled up, whatever may be the branch either Civil or Mechanical or Electrical, any person having B.E. Degree or Diploma in Engineering in any
branch will be entitled to such promotion. The said submission is purely a fallacy, which cannot be accepted by any stretch of imagination. When,
admittedly, in the Engineering Courses, Civil or Mechanical or Electrical are distinct branches, one cannot say that simply because a person has a
qualification of B.E (Civil), he will be entitled to act as an Engineer in Mechanical field or Electrical field also.
When once the Engineering Courses are conducted branch wise, which are distinct in character, and not a general Degree, like that of B.L.
Degree, it is not open to the petitioners to assume that any Engineering Graduate in any branch will be able to work as an Engineer in any branch.
That can never be the purport. This is a common knowledge that a Civil Engineer with Degree in Civil Engineering cannot act as a Mechanical
Engineer at all. Therefore, merely because the amendment has not chosen to state specifically, while mentioning about the B.E. Degree or Diploma
in Engineering, Civil or Mechanical or Electrical, it does not mean that Engineering graduate or Diploma in Engineering holders of any branch can
act as Engineer in any branch.
In this regard, as submitted by Mr. G.Rajagopalan, learned Senior Counsel appearing for the fourth respondent, by applying the maxim
reddendo singula singulis, the meaning of the word qualification and method of selection, wherein B.E. Degree or Diploma in Engineering is
mentioned should be read as B.E. Degree in a particular branch either Civil or Mechanical or Electrical, in which the vacancies arise. Importing of
a different meaning would be totally opposed to the principles of different branches in Engineering and that may lead to a situation where a B.E.
Degree holder in Civil Engineering may be entitled to work as an Engineer in Mechanical side or a B.E. Degree holder in Mechanical may be
eligible to work as an Engineer in Electrical side, which can never be possible as B.E. Degree is not given as a general degree by any University.
That may be possible in respect of the Arts Course or B.L. Course, where there may not be any specialization.
In such view of the matter, simply because in the amendment which has been brought out by the University a specific branch has not been
mentioned it can never be construed to mean anything.
In the circular issued by the University dated 28.8.2007, the University has only proposed to draw a panel of promotion in respect of only
Mechanical Engineers and it was for that purpose they have asked for qualified personnel from Assistant Engineers (Mechanical) with B.E. Degree
with five years of experience and Junior Engineers (Mechanical) with Diploma in Engineering with not less than ten years of service. Inasmuch as it
is clear from the version of the University that the panel of Assistant Executive Engineer has been prepared separately for Mechanical, Civil and
Electrical, it cannot be said that any person of any branch in the cadre of Assistant Engineer or Junior Engineer can be made eligible for the
promotion as Assistant Executive Engineer (Mechanical). In my considered opinion, as the appointment is post-oriented and not person-oriented,
it is not possible to accept the contention of the learned Counsel for the petitioners that the impugned circular is illegal.
For the foregoing reasons, I have no hesitation to conclude that the writ petitions are vexatious and are liable to be dismissed. These writ petitions
are, accordingly, dismissed. The petitioners in these writ petitions shall pay cost of Rs. 5000/- each to the Chief Justice Relief Fund within a period
of ten days. Consequently, M.P.Nos.1 and 2 of 2007 and 2 of 2008 in W.P. No. 29124 of 2007 and M.P.Nos.1 and 2 of 2007 and 2 of 2008 in
W.P. No. 29326 of 2007 are closed.