M.Somasundaram, v. T.N. Electricity Board,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.5686 of 2005 and W.M.P.No.5307 of 2005 1.M.Somasundaram 2.K.Velumani 3.K.Viswanathan 4.G.Murugendhar 5.K.N.Bagavathy 6.V.Dhanabal 7.P.Shanmugam 8.R.Balaasubramaniam 9.K.Jayakumar 10.T.Pushparaj 11.P.Sundararaj 12.T.R.Rangasamy 13.P.V.E.Annadurai 14.A.Marimuthu .. Petitioners Vs.
1.The Tamil Nadu Electricity Board, rep. By its Secretary, 800, Anna Salai, Chennai 600 002.
2.The Superintending Engineer, Erode Electricity Distribution Circle, Erode.
3.M.Eswaran Wireman, O/o.The Assistant Engineer (O & M), Tamil Nadu Electricity Board, South Kangeyam, Erode District.
.. Respondents (In his individual capacity as well as in a representative capacity should have similarly placed persons)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned common seniority list of Wireman and Commercial Inspector in memo No.760/Adm.II JA1/F.WM Seniority/2002 dated 31.12.2002 issued by the 2nd respondent, quash the same and consequently, direct the 2nd respondent to follow the seniority list in L.Po.No.55/92-93 dated 24.11.1992 issued by the 2nd respondent for Helpers for the purpose of promotion to all higher posts.
For Petitioners : Mr.V.Ajoy Khose For RR1 & 2 : Mr.K.Venkatesh for Mr.P.R.Dhilip Kumar For R3 : Mr.S.Saravanan
O R D E R
The learned counsel appearing for the petitioners submitted that the petitioners have filed the Writ Petition challenging the seniority list in Memo No.760/Adm.II JA1/F.WM Seniority/2002 dated 31.12.2002 issued by the 2nd respondent. 2.When the matter is taken up for hearing, the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents 1 and 2 submitted that the petitioners made representation to the respondents to place them on par with their juniors' date of joining the post of Commercial Inspector/ Line Inspector/ Foreman Grade-I and fix their scale of pay on par with their juniors. Based on their representation, the 2nd respondent has sent a communication to the Chief Engineer to consider their claim for promotion on par with the juniors, without arrears, by letter No.
f/vz;/ 016205847-epgp 2-c1-2017-1. dated 17.05.2018 and the same is under consideration. In view of the same, the learned counsel appearing for the petitioners submitted that a direction may be issued to the respondents to consider the representation of the petitioners and pass orders.
3.Recording the same, without deciding the issue on merits, the Writ Petition is disposed of, directing the respondents to consider the representation of the petitioners forwarded by the
2nd respondent by letter No.f/vz;/ 016205-847-epgp 2-c1-2017-1. dated 17.05.2018 and pass orders as expeditiously as possible, in any event not later than three months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gsa To 1.The Secretary, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai 600 002.
2.The Superintending Engineer, Erode Electricity Distribution Circle, Erode.
+1cc to Mr.N.Ajay Khose, Advocate Sr.73554 +1cc to M/s.S.Saravanan, Advocate Sr.73527 W.P.No.5686 of 2005 mp[co] srg 04/10/2019