Case Note & Summary
The petitioner, A.Vellaichamy, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Certiorarified Mandamus to quash the order dated 7.2.2014 passed by the second respondent (Director of Collegiate Education) and to direct the respondents to re-designate him as Mechanic Grade-I with all attendant monetary and service benefits as per G.O.Ms.No.186 Higher Education Department dated 7.5.2004. The petitioner had completed a National Trade Certificate course in Lineman/Wireman Trade and joined the third respondent college as Electrician-cum-Mechanic on 27.06.1978. By G.O.(Ms)No.1147 dated 27.06.1978, the post was converted to Mechanic, classified into Mechanic Grade-I and Junior Mechanic. The petitioner was paid in the pay scale of Junior Mechanic. A similar issue arose in the case of Mr.P.Nelson, who filed W.P.No.18963 of 1996, which was allowed by the High Court, holding that the classification of Mechanic posts into Mechanic and Junior Mechanic was discriminatory. The Director of Collegiate Education filed W.A.No.260 of 2002, which was dismissed by a Division Bench, affirming that no government order recognized the status of Junior Mechanic. The court in the present case found that the impugned order was unsustainable and quashed it, directing the respondents to re-designate the petitioner as Mechanic Grade-I with all benefits within eight weeks.
Headnote
A) Service Law - Classification of Posts - Discrimination - Article 14 of the Constitution of India - The petitioner, appointed as Electrician-cum-Mechanic, was classified as Junior Mechanic while others were designated as Mechanic Grade-I without any government order. The court held that such classification is discriminatory and violative of Article 14, following the precedent in Nelson's case. (Paras 2-6) B) Service Law - Re-designation - Government Order - G.O.Ms.No.186 Higher Education Department dated 7.5.2004 - The court directed the respondents to re-designate the petitioner as Mechanic Grade-I with all attendant monetary and service benefits, as per the government order, quashing the impugned order dated 7.2.2014. (Paras 7-8)
Issue of Consideration
Whether the classification of the post of Mechanic into Mechanic Grade-I and Junior Mechanic without any government order is discriminatory and whether the petitioner is entitled to be re-designated as Mechanic Grade-I with attendant benefits.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 7.2.2014, and directed the respondents to re-designate the petitioner as Mechanic Grade-I with all attendant monetary and service benefits within eight weeks.
Law Points
- Discrimination in classification of posts
- Re-designation based on government order
- Article 14 of the Constitution of India
- Service law
- Writ of Certiorarified Mandamus
