VidhiSangh

Supreme Court of India · 16/04/2024

ASSOCIATION OF ENGINEERS AND OTHERS ETC. versus THE STATE OF TAMIL NADU AND OTHERS ETC.

[2024] 5 S.C.R. 545 · 2024 INSC 306

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court declined to disturb long-standing Technical Assistant appointments as Assistant Engineers within the subordinate-service transfer quota, relying on earlier litigation, regularisation records and absence of encroachment on the direct-recruit quota. Wider statutory-rule arguments were not decided. The principal appeals were dismissed. Four distinct appeals were allowed by agreement because their writ petitions had been decided without addressing facts or rival submissions, and those matters were remitted for fresh consideration.

Issues

  1. Whether the settled Technical Assistant appointments warranted interference in the principal appeals.
  2. Whether the appointments encroached on direct-recruit posts or remained unregularised.
  3. Whether the separately grouped writ decisions required remand for want of consideration.

Provisions considered

Held

Result

Principal appeal group dismissed; Civil Appeals 4372, 4890, 4891 and 5747/2023 allowed and the two specified writ matters remanded for fresh consideration. Pending applications disposed of; no costs in the remand group.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 545.