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5. According to the respondent/writ petitioner, he was due for http://www.judis.nic.in promotion to the post of Workshop Instructor on 28.02.2003 on completion of seven years in the cadre of Skilled Assistant as per G.O.Ms.No.2100, Education Department, dated 18.09.1981. It is the case of the respondent/writ petitioner that, some of the persons, who were appointed along with him, were given promotion to the post of Workshop Instructor, but the respondent/writ petitioner continued as Skilled Assistant without any promotion. In the meantime, G.O.Ms.No.421, Higher Education Department, dated 08.07.2004 was issued, in which, amendments were brought in the relevant Rules to substitute the expression "recognised Mechanical/Electrical Workshop" in the place of "recognised workshop" in Class II in the entries in items 2 (ii), 3 (ii) and 4 (ii) in column 4 against the category "9. Workshop Instructor". Subsequently, the Government issued G.O.Ms.No.220, Higher Education (B1) Department, dated 06.07.2009 by which, new Rules for the Tamil Nadu Technical Educational Subordinate Service, were framed, by superseding the Special Rules for the Tamil Nadu Technical Educational Subordinate Service. As per the amendments, the eligibility criteria for the post of Workshop Instructor, had been modified, with a Diploma in Mechanical or Electrical and Electronics Engineering or http://www.judis.nic.in Electrical Engineering or the candidates should be in possession of I.T.I./N.T.C./N.A.T.C. Certificate in Mechanical/ Electrical subjects, with practical experience of not less than three years in a recognised Mechanical/Electrical workshop not below the rank of Skilled Operative/Assistant. According to the respondent/writ petitioner, for reasons unknown to him, the Diploma in Electronics and Communication Engineering had not been included as one of the subjects for promotion to the post of Workshop Instructor. By reason of non-inclusion of the Diploma in Electronics and Communication Engineering, those who were appointed as Skilled Assistant in Electronics Laboratory, could not get the prospects of promotion until their retirement. Equally, the respondent/writ petitioner also could not be promoted by reason of the amendments. Before amendment, the qualification of VIII Standard with seven years experience in the workshop with a Diploma in Electronics and Communication, was prescribed as eligibility criteria. However, by virtue of the amendment, his prospects of getting promotion to the next avenue as Workshop Instructor, had been taken away, inasmuch as the respondent/writ petitioner did not possess a Diploma in the prescribed branch. The respondent/writ petitioner http://www.judis.nic.in therefore, submitted a representation dated 17.05.2010, which was rejected by the first appellant on 29.04.2011 stating that the respondent/writ petitioner, as per the new Rule, did not fulfil the criteria for promotion to the post of Workshop Instructor. Assailing the order of rejection dated 29.04.2011, the respondent had approached this Court with the instant Writ Petition No. 5290 of 2013.

8. The learned Special Government Pleader appearing for the appellants contended that the respondent/writ petitioner was appointed as Skilled Assistant in the Central Poly-technic, Chennai on 28.02.1996 on compassionate grounds. He had possessed Diploma in Electronics and Communication Engineering (i.e. DECE). His service was regularised on 28.02.1998 on completion of two years of service. He was directed to work in the Workshop Foundry between 28.02.1996 and 30.01.2003. He was also asked to work in the Electronics Laboratory from 01.02.2003 to 02.06.2010. Since he had acquired seven years experience as prescribed in G.O.Ms.No.2100, Education Department, dated 18.09.1981, he ought to have been promoted as Workshop Instructor on 28.02.2003, by which time he was eligible to be promoted to the next higher grade. But his name was not included in the panel drawn between 01.09.2003 and 01.09.2008 due to his lower order of seniority among the post of Skilled Assistant. The last person who was promoted as Workshop Instructor in the light of the then http://www.judis.nic.in existing old Special Rules before 06.07.2009, was senior to the respondent/writ petitioner in the post of Skilled Assistant, as that person had joined in the post of Skilled Assistant on 02.11.1992, who was much senior than the respondent/writ petitioner. In the meanwhile, revised Special Rules in the Tamil Nadu Technical Education Subordinate Service, were issued by G.O.Ms.No.220, Higher Education Department, dated 06.07.2009, which came into force with effect from 06.07.2009 for promotion to the post of Workshop Instructor. As per the said revised Rules, the respondent/writ petitioner is not in possession of Diploma in Mechanical or Electrical and Electronics Engineering or Electrical Engineering. The respondent/writ petitioner is only a holder of Diploma in Electronics and Communication Engineering (DECE), which is not the prescribed qualification as per the said revised Rules. Therefore, when the respondent/writ petitioner did not possess the prescribed qualification as per the revised Rules even in the subsequent panel, his name was not included in the promotion to the post of Workshop Instructor. Consequently, those who possess the requisite qualification and given promotion, cannot be construed as junior to the respondent/writ petitioner. In any event, as per the revised Special Rules http://www.judis.nic.in for the Tamil Nadu Technical Educational Subordinate Service issued in G.O.Ms.No.220, Higher Education Department dated 06.07.2009, which came into force from 06.07.2009, the respondent/writ petitioner is not entitled for promotion. But the learned Single Judge, by misconstruing the effect of G.O.Ms.No.220, Education Department, dated 06.07.2009, allowed the instant Writ Petition No.5290 of 2013 filed by the respondent/writ petitioner and it calls for interference by this Court.

10. We have heard the learned counsel for both sides and perused the materials placed on record.

11. It is not in dispute that the respondent/writ petitioner joined as Skilled Assistant on 28.02.1996 and his service was regularised on 28.02.1998. The respondent, at the time of his appointment, was a holder of Diploma in Electronics and Communication Engineering. At the time of appointment of the respondent, as per the then Special Rules for Tamil Nadu Technical Education Subordinate Service, a Skilled Assistant with 7 years experience in any recognised workshop, of which two years workshop experience is in a technical institution, are eligible for promotion as Workshop Instructors. When the respondent/writ petitioner was working as Skilled Assistant, promotions were made to the post of Workshop Instructor, but the respondent was not given such promotion due to his lower order of http://www.judis.nic.in seniority among the post of Skilled Assistant. The respondent/writ petitioner joined service on 28.02.1996, whereas the last person who was promoted as Workshop Instructor in the light of the then existing old Special Rules before 06.07.2009, was senior to the respondent/writ petitioner in the post of Skilled Assistant, as that person joined in the post of Skilled Assistant on 02.11.1992 itself. When the respondent/writ petitioner's name was about to reach to be included in the panel for the promotion to the post of Workshop Instructor, the revised Special Rules under the Tamil Nadu Technical Education Subordinate Service, were brought in force as per G.O.Ms.No.220, Higher Education Department, dated 06.07.2009. As per this revised Special Rules, the possession of qualification for promotion to the post of Workshop Instructor was modified as "Diploma in Mechanical or Electrical or Electronics Engineering or Electrical Engineering", whereas the respondent/writ petitioner herein possessed only a Diploma in Electronics and Communication Engineering. Since he did not possess the Diploma in Mechanical or Electrical or Electronics Engineering or Electrical Engineering, his name was not included in the subsequent panel.

(d) it is made clear that these observations are made on the facts and circumstances of the present case and are not to be treated as a precedent. No costs."

13. We are of the opinion that the revised Special Rules for the post of Workshop Instructor operates only prospectively. In the instant case, the panel was drawn and the revised Special Rules had been framed for the post of Workshop Instructor, prescribing qualification for the Workshop Instructor and the said revised Special Rules were brought in by way of issuance of G.O.Ms.No.220, Higher Education Department, dated 06.07.2009. Thereafter, only on 08.03.2010, by way of Letter No.7636/B6/2010, the proposal was made for the existing vacancies as on http://www.judis.nic.in 01.09.2009 from all Government Poly-technic and Special Institutions Thus, it is to be noted that the revised Special Rules were applied by the Department only from the panel drawn on 01.09.2009. Therefore, absolutely, the question of applying the said G.O.Ms.No.220 retrospectively does not arise in this case.