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Madras High CourtWP/20827/2013disposed of

C.Madhavaraj v. The Chief Engineer (Personnel)

2020-10-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.20827 and 20828 of 2013 C.Madhavaraj ... Petitioner in both the W.Ps.

Vs.

The Chief Engineer (Personnel) Tamil Nadu Electricity and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.

... Respondent in both the W.Ps.

Prayer in W.P.No.20827 of 2013:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to follow the promotion proceedings which was in force earlier to (Per) B.P. (EB) Secretariat Branch No.17 dated 05.07.2013 which was quashed by this Hon'ble Court in W.P.Nos.43061/2002, 28486/2003, 39659 and 39660/2004 and 4471/2005 dated 16.12.2010.

Prayer in W.P.No.20828 of 2013:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent herein to fix the seniority of the petitioner, who was appointed on direct recruitment in back log vacancy meant for Schedule Tribe category with Electronics and Communication Diploma, immediately next to the backlog vacancy candidates having Electrical and Electronics Engineering Diploma holders in the Seniority List of Technical Assistants/ Electrical as on 31.12.2011.

For Petitioner : Mr.G.Purushothaman For Respondent : Mr.Karthik Rajan C O M M O N O R D E R W.P.No.20827 of 2013 has been filed seeking issuance of Writ of Mandamus directing the respondent to follow the promotion proceedings which was in force earlier to (Per) B.P.

(EB) Secretariat Branch No.17 dated 05.07.2013 which was quashed by this Court in W.P.Nos.43061 of 2002 etc., batch dated 16.12.2010.

2.W.P.No.20827 of 2013 has been filed seeking issuance of Writ of Mandamus directing the respondent to fix the seniority of the petitioner, who was appointed on direct recruitment in back log vacancy meant for Schedule Tribe category with Electronics and Communication Diploma, immediately next to the backlog vacancy candidates having Electrical and Electronics Engineering Diploma holders in the Seniority List of Technical Assistants/ Electrical as on 31.12.2011.

3.The learned counsel appearing for the petitioner would submit that during the pendancy of the writ petitions, the petitioner was granted promotion, however, seniority was not fixed. Hence, it would suffice, if this Court issues direction to the respondent to consider the representations of the petitioner dated 12.10.2012 and 07.03.2013 seeking rectification of the discrepancy in fixation of seniority and to pass orders on the same, within a reasonable time frame.

4.The learned counsel appearing for the respondent raise no serious objection for this Court issuing such a direction. 5.In view of the above, this Court directs the respondent to consider the representations of the petitioner dated 12.10.2012 and 07.03.2013, on merits and in accordance with law and to pass appropriate orders on the same, within a period of three months from the date of receipt of a copy of this order, if the same have not yet been considered.

6.The writ petitions stand disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar pri To The Chief Engineer (Personnel) Tamil Nadu Electricity and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.

+1cc to Mr.G.Purushothaman, Advocate SR.34255 W.P.Nos.20827 and 20828 of 2013 LN(CO) CB(11/11/2020)