Arun Kumar v. The Chairman Cum Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.3685 of 2020 and W.M.P Nos.4359 & 4361 of 2020 Arun Kumar Petitioner vs.
1. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
2. Tamil Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 8th Floor, Eastern Wing, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondents herein in respect of the Notification No.02/2020 dated 08.01.2020 issued by the respondents insofar as it relates to 4.Eligibility Criteria A.AGE (as on 01.07.2019): for MBC Maximum Age (should not have completed) 32 years and quash the same in respect of the petitioner herein.
For Petitioner : Mr.K.Selvakumar For Respondents : Mr.Karthikrajan Senior Standing Counsel
O R D E R
By consent of both sides, this writ petition is taken up for final disposal.
2.This writ petition has been filed challenging the notification issued by the TANGEDCO dated 08.01.2020 insofar as the eligibility criteria is concerned wherein the notification fixes the age limit for participation in the selection to the post of Assistant Engineer.
3.When the matter was taken up for admission, the learned Standing Counsel appearing on behalf of the respondents submitted that pursuant to the issuance of the notification, an amendment was brought into the regulations, whereby, the upper age limit was not made applicable for selection and appointment to certain posts by direct recruitment. The relevant amendment is extracted hereunder:
In the said Regulations, after sub-clause (ii) under clause (d) under sub-regulation (2) in regulation 91, the following Proviso shall be added:
"Provided that the relaxation on upper age limit as specified in sub-clauses (i) and (ii) above, shall not be applicable for selection and appointment to the following posts by Direct Recruitment:
1. Assessor;
2. Assistant Engineer/Electrical, Civil and Mechanical"
4.This proposal was placed before the Board and the TANGEDCO, by proceedings dated 15.02.2020, has approved the amendment and thereby, the amendment made to the regulations has now been given a statutory recognition. In the very same proceedings, the earlier recruitment notification was canceled.
5.The respondents have now issued a fresh notification in Notification No.04 of 2020, dated 15.02.2020, by taking into consideration the above said amendment and it is made clear in the fresh notification that all applications that were already submitted pursuant to the earlier notification shall be considered to have been made under the present notification. 6.In view of the above development, the grievance expressed by the petitioner has been resolved and no further orders are required to be passed in the present writ petition. 7.Accordingly this writ petition stands closed. Consequently, connected miscellaneous petitions are closed. No Costs.
Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar ssr
To
1. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 10th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
2. Tamil Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 8th Floor, Eastern Wing, NPKRR Maaligai, 144, Anna Salai, Chennai - 600 002.
+1cc to Mr.Karthikrajan, Advocate, S.R.No.12847 W.P No.3685 of 2020 W.M.P Nos.4359 & 4361 of 2020 PVS(CO) Maya(29/05/2020)