S.Mouttoucoumarasamy v. Puducherry Power Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-07-2025

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

1. S.Mouttoucoumarasamy S/o.N.Shanmugavelu, No.2/5, Sri Annai Illam, Abirami West Street, T.R.Pattinam, Karaikal 609 606.

2. E.Vadavengadam S/o.V.Elumalai, B1/2, PPCL Quarters, T.R.Pattinam, Karaikal 609 606.

3. S.Parthiban S/o.Supparayan, No.11, M.K.Colony, Gandhi Salai, T.R.Pattinam, Karaikal 609 606.

4. K.Umashangar S/o.V.Kalidass, No.50, Muthusamypillai Street, Kottucherry, Karaikal 609 609.

5. M.Kiroubanandane S/o.V.Mouniane, B 2-3, PPCL Staff Quarters, T.R.Pattinam, Karaikal 609 606.

Petitioner(s) Vs

1. Puducherry Power Corporation Ltd., Rep. by its Managing Director, No.10, 2nd Cross, Jawahar Nagar, Boomiyanpet, Puducherry-605 005.

2.The Secretary to Government (Power), Chief Secretariat Office, No.1, Beach Road, Puducherry 605 001.

3.C.Rajakumari Junior Engineer (Electrical) Puducherry Power Corporation Ltd., Nagore Main Road, T.R.Pattinam, Karaikal 609 606.

4.P.Devanathan Junior Engineer (Electrical) Puducherry Power Corporation Ltd., Nagore Main Road, T.R.Pattinam, Karaikal 609 606.

5.D.Prabhakar Junior Engineer (Electrical), Puducherry Power Corporation Ltd., Nagore Main Road, T.R.Pattinam, Karaikal 609 606.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order No.PPCL/PDY/MD/ Estt/2015-16/670 dated 05.06.2015 issued by the 1st respondent and quash the same as being illegal, arbitrary ultra vires the rules and unconstitutional and consequently direct the respondents to grant promotion to the petitioners before the appointment of the respondents 3 to 5 and confer all attendant service benefits, seniority and other consequential benefits, award costs.

For Petitioner(s):

Mr.R.Venkatesulu For Respondent(s):

Ms.Sharada Vivek Additional Government Pleader For R1 & 2 Mr.R.Saravanan For R3 to R5

ORDER

This writ petition has been filed, challenging the final seniority list that was issued by the first respondent/Corporation, finalising the seniority list in the cadre of Junior Engineer (Electrical), wherein the respondents 3 to 5 were placed at serial Nos.8 to 10 and the petitioners herein are shown at serial Nos.11 to 15. The very same seniority list discloses that the respondents 3 to 5 were appointed to the post of Junior Engineer (Electrical) on 15.11.2007, 20.11.2007 and 12.12.2007, whereas, the petitioners herein were appointed to the post of Junior Engineer (Electrical) by promotion on 01.12.2009, that is nearly after a

gap of two years. Perhaps, it is only on noticing the same, the petitioners have taken steps to challenge the appointment orders that were issued in favour of the respondents 3 to 5, by seeking amendment of the prayer in the main writ petition by filing W.M.P.No.33658 of 2024. The said petition was dismissed by this Court vide separate order, today.

2. Once the dates of the appointments to the petitioners as well as the respondents 3 to 5 are admitted and there is no dispute in this regard, this Court does not see any infirmity or illegality in the final seniority list issued by the first respondent/Corporation vide the impugned order dated 05.06.2015.

3. No doubt, there appears to be some genuine grievance for the petitioners, as the respondents 3 to 5 herein were appointed by way of direct recruitment, as the direct recruitment can be resorted to only in the event of non-availability of eligible candidates for being appointed by promotion from the feeder category in the first respondent/Corporation and secondly by way of deputation, the same cannot be interfered with or tinkered by this Court at this

point of time.

4. Under these circumstances, this Court does not find any merit in this writ petition. Accordingly, the writ petition is dismissed. No costs. 15-07-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. Puducherry Power Corporation Ltd., Rep. by its Managing Director, No.10, 2nd Cross, Jawahar Nagar, Boomiyanpet, Puducherry-605 005.

2.The Secretary to Government (Power), Chief Secretariat Office, No.1, Beach Road, Puducherry 605 001.

MUMMINENI SUDHEER KUMAR J.

jd 15-07-2025