T.K.Murugan v. The Chief Engineer (Personnel)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2463 of 2023 T.K.Murugan Petitioner vs.

1.The Chief Engineer (Personnel) Tamil Nadu Generation Electricity Distribution Corporation, 144, Anna Salai, Chennai - 02.

2.The Superintending Engineer, Kallakurichi Electricity Distribution Circle, Kallakurichi.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 6.5.2019 for promotion as Junior Engineer Grade II for the year 2017 based on the educational qualification possessed by him within the reasonable time and grant such other further relief as this Honble court may deem fit in the circumstances of the case.

For Petitioner : Mr.M.Muthappan For Respondents : Mr.K.Rajkumar Standing Counsel

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 06.05.2019 and to promote the petitioner to the post of Junior Engineer Grade II.

2.Heard Mr.M.Muthappan, learned counsel appearing on behalf of the petitioner and Mr.K.Rajkumar, learned Standing Counsel appearing on behalf of the respondents.

3.On carefully considering the submissions made on either side and the materials available on record, it is seen that the petitioner was making repeated representations to get the promotion to the post of Junior Engineer Grade II. The last representation that was made by the petitioner was on 06.05.2019. Ultimately, the representation made by the petitioner was considered and an order was passed by the 1st respondent through proceedings dated 18.08.2020, promoting the petitioner to the post of Junior Engineer (Electrical) Grade II. The grievance of the petitioner seems to be that this promotion should take effect from the year 2017 onwards.

4.The order of promotion was granted in the year 2020. Subsequent to the same, the petitioner has not even made a representation to the respondents, if he had a grievance that the promotion should date back to the year 2017. Even before making any such representation, the present writ petition has been filed before this Court.

5.On a bare perusal of the materials available on record, this Court was under the impression that the relief sought for by the petitioner has already been granted and therefore, no further grievance can be expressed by the petitioner. However, the learned counsel of the petitioner submitted that the promotion ought to have been given w.e.f. 2017 onwards. If that is the grievance of the petitioner, the respondents ought to have been approached in the last two years and thereafter, writ petition must have been filed before this Court. Straight away this Court cannot pass any orders in this writ petition as sought for by the learned counsel for the petitioner.

N. ANAND VENKATESH, J.

ssr 6.In the light of the above discussion, this writ petition is disposed of by giving liberty to the petitioner to make a fresh representation to the respondents and the same shall be considered by the respondents on its own merits and in accordance with law. No Costs. 02.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The Chief Engineer (Personnel) Tamil Nadu Generation Electricity Distribution Corporation, 144, Anna Salai, Chennai - 02.

2.The Superintending Engineer, Kallakurichi Electricity Distribution Circle, Kallakurichi.

W.P No.2463 of 2023