V.Alagarasan v. The Chief Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.22516 of 2012 V.Alagarasan ... Petitioner -Vs1. The Chief Engineer Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., Administrative Branch, 114, Anna Salai, Chennai - 2.
2. The Additional Chief Engineer Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Kamaraj Nagar Colony Post, Bye pass Road, Udaipatti, Salem-636014.
... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to include the petitioner name in the panel list for the promotion of Assistant
Executive Engineer by considering the representation dated 31.7.2012. For Petitioner : Mr.G.Rajan For Respondents : Mr.K.Rajkumar Standing Counsel
ORDER
This Writ Petition has been filed for direction directing the respondents to include the name of the petitioner in the panel list for the promotion to the post of Assistant Executive Engineer.
2. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents and perused the materials available on record.
3. The petitioner had joined in the second respondent division as apprentice and thereafter, joined as Technical Assistant on 22.06.1990. He obtained permission from the respondent and completed the decree in Engineering. Thereafter, he obtained decree in Engineering in the year 1998. In the year 1995, he was upgraded as Technical Assistant in the seniority list prepared for the Technical Assistant. He was placed at 1478 and the seniority list prepared for the year 1998, in
which, he was placed at 752. Thereafter, he was promoted as Junior Engineer Grade II on 06.09.1999. On 17.05.2002, the petitioner was promoted as Assistant Engineer. However, his name was not found placed in the panel for promotion to the post of Assistant Engineer.
4. A perusal of the counter filed by the first respondent reveals that after completion of his BE Degree, he has been selected as Assistant Engineer through Internal Selection and his seniority was fixed in the ratio 1 : 1 in between internally selected candidates and direct recruitment candidates for the estimated vacancies of 318 numbers of Assistant Executive Engineers for the crucial date of 05.08.2011, suitability reports from 623 numbers of Assistant Engineers and Junior Engineers I were called for from Superintending Engineers concerned to fill up the post of Assistant Executive Engineer based on the seniority of Assistant Engineers. The name of the petitioner was included as Serial No.387. After scrutinizing, the Departmental Promotion Committee had selected upto Serial No.369 of Assistant Engineers, on requirement of persons as per the estimated vacancies and 343 persons were selected fro promotion to the post of Assistant Executive Engineer by an order dated
03.08.2012. As the petitioner is not in the zone of selection at Sl.No.387, he has not been included in the above panel list. However, subsequently his name was included in the panel and he was promoted to the post of Assistant Executive Engineer.
5. In view of the above, the representation made by the petitioner cannot be considered and the writ petition is devoid of merits and it is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs. 24.09.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Lpp
To
1. The Chief Engineer Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., Administrative Branch, 114, Anna Salai, Chennai - 2.
2. The Additional Chief Engineer Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Kamaraj Nagar Colony Post, Bye pass Road, Udaipatti, Salem-636014.
G.K.ILANTHIRAIYAN, J.
Lpp W.P.No.22516 of 2012 24.09.2023