Madras High CourtWA/619/2025dismissed

S.Sarangapani v. Union Of India

2025-03-10Honourable Mr Justice R. Subramanian,Honourable Mr.Justice G.Arul Murugan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No.4975 of 2025 S.Sarangapani ... Appellant Vs.

1.Union of India, Rep. by its Secretary, Ministry of Coal, New Delhi - 110 001.

2.Neyveli Lignite Corporation Limited, Rep. by its Chairman - cum - Managing Director, Neyveli - 607 801.

3.C.Senthamilselvan Executive Director (Civil) & Chairman/ DPC, Corporation Office, NLC Limited, Neyveli - 607 801.

4.N.Muthu, Chief General Manager (HR) & Member/ DPC, NLC Limited, Neyveli - 607 801.

5.R.Mohan, Chief General Manager (Finance) & Member/ DPC, NLC Limited, Neyveli - 608 801.

Page No.: 1 of 8

6.The Deputy General Manager (HR)/ EB, Corporate Office/ HR Department, NLC Limited, Neyveli - 607 801.

7.G.Thirunavukarasu, (CPF No. 25770) Asst.Executive Manager/HR, Mine II, NLC Limited, Neyveli 607 802.

8.Queen Anne, (CPF No. 30848) Assistant Executive Manager/ Hr, MM Complex, NLC Limited, Neyveli-607 9.S.Karunakara Rao (CPF No. 29233) Asst. Executive manager/HR, TPS-I, NLC Limited, Neyveli-607 807.

10.P.Kannan (CPF No. 26618) Asst. Executive Manager/HR, TA Dept., NLC Limited, Neyveli-607 801.

11.A.Geetha (CPF No. 32132) Asst. Executive Manager/HR, EDC, NLC Limited, Neyveli-607 803.

12.M.Thirugnanam (CPF No. 29221) Asst. Executive Manager/HR, MM Complex, NLC Limited, Neyveli-607 803.

13.M.Arunthathi (CPF No. 32654) Asst. Executive Manager/HR, RM Office, NLC Limited, Chennai -10 14.M.Sooriyakumar (CPF No. 27823) Asst. Executive Manager/HR, PR Department, NLC Limited, Neyveli-607 803.

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15.The Chief Vigilance Officer NLC Limited, Neyveli-60801 .... Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order in W.P.No. 20786 of 2013 dated 06.09.2024 and thereby allow the WA.

For Appellant : S.Sarangapani, party-in-person *****

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) Challenge in this appeal is to the order of the learned Single Judge made in W.P.No.20786 of 2013.

2. The appellant challenged the promotion of respondents 3, 4, 5, 7 to 14 from E1 / E2 grade to post of Assistant Personnel Officer. The appellant raised several contentions. His substantial contentions were that though the appellant was well qualified than the promoted candidate, the Departmental Promotion Committee did not consider the same, the promotions were not effected by the Departmental Promotion Committee and there were manipulations and that the Departmental Promotion Committee had gone only by the seniority.

3. The writ Court after referring to the relevant Rules held that the Page No.: 3 of 8

Departmental Promotion Committee has gone strictly in accordance with the Rules. The learned Single Judge also had found that as per the Rules, the marks that were awarded for every completed year of service was different and by that process alone the persons who had rendered longer service were able to get more marks. The criteria for promotion is also fixed under the Rules and it is as follows:- a) Number of years of service in the existing Grade. b) Qualifications.

c) Performance in the existing job as indicated in the Annual Appraisal Reports.

d) Performance in the assessment interview to find out the potential for further advancement, quality of leadership, job requirement to the particular Grade etc., e) Attendance norms.

4. Qualifications is one of the criteria. It is the claim of the appellant that Departmental Promotion Committee has not made a fair assessment, particularly fair assessment of the potential for further advancement, quality of leadership, job requirement to the particular Grade etc., Page No.: 4 of 8

5. We are afraid that we cannot entertain such a plea as the assessment is subjective and when it is done by the experts we cannot substitute our opinion to the opinion of the experts. The claim of the petitioner that there were manipulations has not been established.

6. We therefore do not think we can interfere with the order of the writ Court. The writ appeal fails and it is accordingly dismissed. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M.,J.) (G.A.M.,J.) 10.03.2025 dsa Index : No : No Speaking order Page No.: 5 of 8

To 1.Union of India, Rep. by its Secretary, Ministry of Coal, New Delhi - 110 001.

2.Neyveli Lignite Corporation Limited, Rep. by its Chairman - cum - Managing Director, Neyveli - 607 801.

3.C.Senthamilselvan Executive Director (Civil) & Chairman/ DPC, Corporation Office, NLC Limited, Neyveli - 607 801.

4.N.Muthu, Chief General Manager (HR) & Member/ DPC, NLC Limited, Neyveli - 607 801.

5.R.Mohan, Chief General Manager (Finance) & Member/ DPC, NLC Limited, Neyveli - 608 801.

6.The Deputy General Manager (HR)/ EB, Corporate Office/ HR Department, NLC Limited, Neyveli - 607 801.

7.G.Thirunavukarasu, (CPF No. 25770) Asst.Executive Manager/HR, Mine II, NLC Limited, Neyveli 607 802.

8.Queen Anne, (CPF No. 30848) Assistant Executive Manager/ Hr, MM Complex, NLC Limited, Neyveli-607 9.S.Karunakara Rao (CPF No. 29233) Asst. Executive manager/HR, TPS-I, Page No.: 6 of 8

NLC Limited, Neyveli-607 807.

10.P.Kannan (CPF No. 26618) Asst. Executive Manager/HR, TA Dept., NLC Limited, Neyveli-607 801.

11.A.Geetha (CPF No. 32132) Asst. Executive Manager/HR, EDC, NLC Limited, Neyveli-607 803.

12.M.Thirugnanam (CPF No. 29221) Asst. Executive Manager/HR, MM Complex, NLC Limited, Neyveli-607 803.

15.The Chief Vigilance Officer NLC Limited, Neyveli-60801 Page No.: 7 of 8

R.SUBRAMANIAN, J.

and G.ARUL MURUGAN, J.

dsa 10.03.2025 Page No.: 8 of 8