S.Ravindran v. The Chief Engineer (Personnel)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Ravindran ... Petitioner Vs.

The Chief Engineer(Personnel), Tamilnadu Electricity Board, No.144, Anna Salai, Chennai 600 002 ... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondent to promote the petitioner as Junior Engineer, with all consequential benefits on par with his Junior Thiru.K.Palanivel and to extend all consequential benefits as made in WP.No.23202 of 2004 dated 21.07.2009 forthwith. For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.K.Rajkumar, Standing Counsel

O R D E R

This writ petition has been filed for direction directing the respondent to promote the petitioner as Junior Engineer with all 1/4

consequential benefits on par with his junior as per the order passed by this Court in WP No.23202 of 2004 dated 21.07.2009. 2.

Heard, the learned counsel appearing on either side. 3.

On perusal of the counter filed by the respondent, revealed that this Court in WP.No.23202 of 2004 dated 21.07.2009, observed that the petitioner is entitled to be considered and appointed to the post of Junior Engineer (Mechanical) Grade-II and in the result, the impugned order was set aside while allowing the writ petition. As per the said direction, selection list of Junior Engineer/ Mechanical Grade-II during the period of 2002, 2006 and 2009 were revised based on the Tamil Nadu Electricity Board Services Regulation No.92 - Annexure III and as per Board Proceeding No.25 Secretariat Branch dated 10.05.2005 as per ratio 3:1 and the same was communicated to all the Superintendent Engineers vide letter dated 12.06.2013 and 12.10.2013. Consequently, the revised seniority list of Junior Engineer/ Mechanical Grade-II for the year 2002 to 2009 for diploma holders and non diploma holders were 2/4

published on 23.06.2016. Accordingly, the petitioner has been placed in serial number 31 in Annexure V and thereafter, he was also promoted to the post of Junior engineer/ Mechanical Grade-II and received all the benefits. However, he is now seeking promotion with all consequential benefits on par with his junior.

4.

Considering the above, the petitioner is directed to submit fresh representation before the respondent and on receipt of the same, the respondent is directed to consider and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

5.

With the above direction, this writ petition is allowed. There shall be no order as to costs.

23.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Chief Engineer(Personnel), Tamilnadu Electricity Board, No.144, Anna Salai, Chennai 600 002 2.The Government Advocate, High Court, Madras.

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