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Heard M/s.S.Rajeni Ramadass, learned counsel for the petitioners and Mrs.R.Janaki, learned Additional Government Pleader, appearing on behalf of the respondents and with their consent, both the writ petitions are taken up for final disposal. Since the issue involved in both the writ petitions is one and the same, both are heard together and disposed of by the following common order.

2. It appears that the petitioners had appeared the examination conducted by the Tamilnadu Public Service Commission for recruitment in the Group II Combined Subordinate Services Exam and came out successful. After their such success in their examination, they were appointed as direct Assistants by the first respondent in its department. The petitioner in W.P.No.12886 of 2011 was however, having B.E., qualification in Electronics and Communications and the petitioner in W.P. No.12887 of 2011 was also a Engineering graduate having a qualification in B.E., (Electrical and Electronics). The respondent/department had posts of Assistant Engineers(Industries), which were required to be filled up in accordance with the Tamilnadu Industries Subordinate Service Rules (hereinafter referred to as the Rules). The Rules for appointment to the post of Assistant Engineer (Industries) is (i) by promotion (ii) by direct recruitment (iii) by recruitment by transfer from any other Class or category (iv) by recruitment by transfer from any other service and the educational qualifications prescribed for any of the aforesaid methods of recruitment is B.E. Degree in Mechanical engineering or Electrical Engineering or Automobile Engineering or Chemical Engineering or Chemical Technology or Diploma in Automobile Engineering issued by Madras Institute of Technology, Chennai. However, subsequent to the notification of the Rules prescribing the aforesaid qualification as degree in Engineering in many more discipline had came into existence, individually as well as combined with the discipline prescribed in the Rules, a proposal was submitted by the respondent no.1 to the respondent no.2 to amend the Service Rules to include the B.E. qualification in the discipline Electronics and Communication Engineering, Electronics and Instrumentation, Information and Technology, Computer Science, Bio-Technology and Textile Technology as equivalent to the said qualification for the appointment to the post of Assistant Engineers(Industries) by the aforesaid methods. The respondent no.2 vide G.O.Ms.No.86, Small Industries, (E.I.2) Department dated 16.12.2004, directed the respondent no.1 to send the proposal for amendment of the Rules including in the qualification the aforesaid discipline. The first respondent thereafter submitted the necessary proposal for amendment of the Rules pursuant to the said Government Order on 05.08.2005. But pending amendment of such Rule considering, the representations of the petitioner and in the exigency of the work, the petitioners were appointed on transfer from other services, a mode of recruitment prescribed in the Rules vide proceeding No.31798/EDS I/2004 dated 22.05.2007 subject to the condition that their appointment to the post of Assistant Engineer(Industries) was purely temporary and liable for reversion at any point of time, by the second respondent. Accordingly, the petitioners joined in the post and while so working, they made a request in writing to regularize their services by a representation to the first respondent but to their shock and surprise though they were recruited temporarily as they possessed the equivalent qualification required for appointment to the post of Assistant Engineer(Industries), the respondents rejected their proposal on the ground that since they do not possess the qualifications prescribed in the Service rules framed under Article 309 of the Constitution of India, hence they are ineligible for appointment and, as such, not entitled to regularization in the post vide the impugned order in Letter No.3468/E-1.2008-5 dated 13.10.2010 and the consequential order passed in Proc No.31798/EDS 1/2004 dated 19.05.2011 of the first respondent. The petitioners, therefore, impugned such orders of the authority reverting them back to the post which they were holding before they were appointed on transfer temporarily as Assistant Engineer (Industries), inter-alia on the grounds that since they have the requisite qualification which was proposed to be included as equivalent to the qualifications prescribed in the Rules. They could not have been reverted back after rendering unblemishly for a long period, more so when the petitioner in W.P. No.12887 of 2011 can very well said to have the requisite qualification as she is having a degree in Electrical Engineering also along with Electronics. Therefore, the petitioners are entitled to the relief sought for.