Conversion for Reservation Benefits Is a Fraud on the Constitution: Supreme Court Rejects SC Certificate for Reconverted Christian Patent Office Guidelines Must Be Followed for Consistency in Decisions: Madras High Court Limitation Cannot Obstruct Justice When Parties Consent to Extensions: Madhya Pradesh High Court Additional Fees Are Incentives, Not Penalties: Orissa High Court Upholds Central Motor Vehicles Rules Amendment Interpretation of Tender Eligibility Criteria Lies with Tendering Authority: Gujrat High Court Upholds Discharge of Tender Complaints Were Contradictory and Did Not Establish Prima Facie Case for SC/ST Act Charges: J&K HC Insurance Cover Notes Hold Policy Validity Unless Proven Otherwise: Kerala High Court Upholds Compensation in Fatal Accident Case Article 21 Of Constitution Applies Irrespective Of Nature Of Crime. Prolonged Incarceration Without Trial Amounts To Punishment Without Adjudication: Calcutta HC Concept Of 'Liberal Approach' Cannot Be Used To Jettison The Substantive Law Of Limitation: Delhi High Court Limitation is Not Always a Mixed Question of Fact and Law: Bombay High Court Dismisses 31-Year-Old Specific Performance Suit as Time-Barred Intent Coupled with Trespass Constitutes Full Offence: Supreme Court Mere Possession of Bribe Money Insufficient Without Proof of Demand and Acceptance: Supreme Court Right to Promotion is Not a Fundamental Right; Retrospective Benefits Without Service Cannot Be Granted: Supreme Court of India Oral Gift Validity in Mohammedan Law: Andhra Pradesh High Court Upholds Constructive Possession and Injunction Unauthorized Construction on Government Irrigation Land Must Be Demolished: Calcutta High Court Directs Sub-Divisional Officer High Court Upholds Dismissal of Petition Over Road Obstruction Due to Non-Prosecution Victim of Rape Has Right to Bodily Integrity and Reproductive Choice: Gujarat High Court Permits Termination of 24-Week Pregnancy Contradictions In Eyewitness Accounts And Suppression Of Crucial Evidence Weaken The Prosecution's Case: Telangana High Court High Court of Sikkim Sets Aside Trial Court’s Decision on Maintainability of Suit: Preliminary Issues Must Be Purely of Law Courts Must Focus on Substance Over Procedure, Says High Court Writ Petitions Against Civil Court Orders Must Be Under Article 227: Patna High Court Reiterates Jurisdictional Boundaries Kerala High Court Upholds Eviction, Rejects Sub-Tenant's Kudikidappu Claim Contractual Employment Does Not Confer Right to Regularization: Jharkhand High Court Divorced Wife Entitled to Maintenance Under Domestic Violence Act for Past Domestic Violence: Bombay High Court Tenants Cannot Prescribe How Landlords Utilize Their Property: Delhi High Court Validates Eviction Labour Commissioner to Decide Petitioner’s Date of Birth Claim within Three Months, Ensuring Proper Verification and Consideration of Evidence: Uttarakhand High Court Concealment of Health Condition and False Allegations Amount to Cruelty: Gujarat High Court Upholds Divorce Decree Possession Implies Constructive Notice: Duty to Inquire Rests on Subsequent Purchasers: Supreme Court Clarifies Bona Fide Purchase Standards

Executive Instructions Valid for Filling Gaps Until Formal Rules Are Framed: Supreme Court Upholds Promotion of Technical Assistants to Assistant Engineers in Tamilnadu

07 May 2024 8:19 AM

By: Admin


In a landmark judgment dated April 16, 2024, the Supreme Court of India upheld the rights of Technical Assistants in Tamil Nadu to be promoted to the post of Assistant Engineers, endorsing the state’s executive instructions as a valid interim mechanism pending formal rule amendments. The bench comprising Justices B.R. Gavai and Sandeep Mehta dismissed a series of civil appeals challenging the Madras High Court’s decision which allowed the promotion based on qualifications and service duration.

The appeals arose from a series of executive orders by the Tamil Nadu government starting from 1990, which permitted Technical Assistants who had served for five years and acquired specific engineering qualifications, to be promoted to Assistant Engineers. This executive decision was contested over the years, leading to various legal battles culminating in the Supreme Court’s review.

The Supreme Court reiterated that executive instructions are appropriate for filling legal gaps in the absence of formal statutory amendments. The Court highlighted that such measures are temporary yet necessary to ensure administrative continuity and efficiency.

It was noted that the challenged promotions were regularized under Rule 48 of the Tamil Nadu State and Subordinate Services, aligning with past precedents where similar appointments were upheld. The Court emphasized that these promotions did not constitute “backdoor entries” but were instead crucial fill-ins for persistent vacancies that the open recruitment process failed to address.

Addressing concerns over equality and efficiency, the judgment clarified that promoted Technical Assistants would not impinge upon the opportunities or promotional avenues of direct recruits. The Court stressed that all promotions were made in strict adherence to the proportions and quotas established by existing rules and did not disrupt the meritocratic foundation of civil service appointments.

The Supreme Court dismissed the appeals, confirming the Madras High Court’s judgment which had favored the regularization of the promotion of Technical Assistants based on longstanding executive orders. The Court underscored that these promotions were in line with both administrative pragmatism and legal precedents aimed at balancing efficiency with fairness in civil service.

Date of Decision: April 16, 2024.

Association of Engineers and Others Etc. vs. The State of Tamil Nadu and Others Etc.

 

Similar News