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Madras High CourtWP/603/2020disposed of

R.Gopinathkumar, v. The Tamil Nadu Generation And Distribution Corporation Limited (Tangedco),

2020-02-11Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.Nos.603, 606, 609, 612, 614, 617, 620, 624, 628, 630, 633, 634, 635, 638, 641, 645 of 2020 and W.M.P.Nos.703, 704, 706, 707, 710, 711, 713, 715, 716, 717, 720, 721, 724, 725, 727, 728, 734, 735, 737, 738, 739, 740, 743, 745, 746, 747, 749, 750, 753, 754, 757, 758 of 2020 R. Gopinathkumar ... Petitioner in W.P.No.603/2020 K. Saravanan ... Petitioner in W.P.No.606/2020 K. Komarasamy ... Petitioner in W.P.No.609/2020 S. Sivakumar ... Petitioner in W.P.No.612/2020 G. Krishnakumar ... Petitioner in W.P.No.614/2020 P. Maniprakash ... Petitioner in W.P.No.617/2020 K. Kaleeswari ... Petitioner in W.P.No.620/2020 K. Devika ... Petitioner in W.P.No.624/2020 P. Saravanan ... Petitioner in W.P.No.628/2020 S. Jayanthi ... Petitioner in W.P.No.630/2020 E. Boopathy ... Petitioner in W.P.No.633/2020 P.M. Lakshmi ... Petitioner in W.P.No.634/2020 P. Shanthi ... Petitioner in W.P.No.635/2020 V. Chandraprabha ... Petitioner in W.P.No.638/2020 P. Chitra ... Petitioner in W.P.No.641/2020 T. Prakash ... Petitioner in W.P.No.645/2020

Vs.

1. The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep.by its Chairman, 144, Annasalai, Chennai - 2.

2. The Chief Engineer (Personnel), The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Annasalai, Chennai - 2.

... Respondents in all the W.Ps.

Common Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, to forbear the respondents from proceeding with the promotion of Assistant Executive Engineer in pursuant to the proceedings of the second respondent vide letter No.093166/375/G.1/G.11/2018-24 dated 20.09.2019 without disposing the objections filed by the petitioner in response to the tentative seniority list published by the second respondent vide Memo.No.102563/1226/G.181/2018-4 dated 20.08.2019 and consequently to draw the final list of seniority in the cadre of Assistant Engineer and then proceed with the promotion of Assistant Executive Engineer.

For Petitioners : Mr. S. Nambi Arooran (in all W.Ps) For Respondents : Mr. Karthik Rajan, (in all W.Ps) Senior Standing Counsel C O M M O N O R D E R All these writ petitions have been filed to forbear the respondents from proceeding further with the promotion to the post of Assistant Executive Engineer, without disposing the objection filed by the petitioners with regard to the tentative seniority list published by the second respondent dated 20.08.2019.

2.

Mr. Karthik Rajan, learned Senior Standing Counsel appearing on behalf of the respondents Corporation submitted that the representation made by the petitioners have been considered by the respondents Corporation and an order has been passed on 13.01.2020 by informing the petitioners that the petitioners cannot be placed in the 2007 seniority list and they

can only be fixed on the top of 2008 seniority list over and above the individuals selected internally and directly recruited during the year 2008.

3.

The learned Senior Standing Counsel submitted that in view of the decision taken by the respondents Corporation, nothing survives in the present writ petition. 4.

The learned counsel for the petitioners submitted that if the petitioners are aggrieved by the order passed by the respondents Corporation, they should be given liberty to challenge the order, if so advised.

5.

It goes without saying that the respondents have now taken the decision and conveyed the same to the petitioner, and it is left open to the petitioners to either accept the order or challenge the same, if so advised.

6.

In the light of the above, all the writ petitions stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. If the respondents corporation have not served the order dated 13.01.2020 on any of the petitioners, the same shall be done immediately. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep.by its Chairman, 144, Annasalai, Chennai - 2.

2.The Chief Engineer (Personnel), The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Annasalai, Chennai - 2.

+16 CC to M/s.Ajmal Associates sr 10958 +1 CC to Mr.Karthick Rajan, Advocate sr 11145. W.P.Nos.603, 606, 609, 612, 614, 617, 620, 624, 628, 630, 633, 634, 635, 638, 641, 645 of 2020 RP(CO) SP(18/05/2020)