The Tamil Nadu Electricity Board v. D.Thennarasu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU WA No.2015 of 2022 1.The Tamil Nadu Electricity Board, Represented by its Chairman, Anna Salai, Chennai- 600 002.

2.Tamil Nadu Generation & Distribution Corporation, Represented by the Chairman/Managing Director, Head Quarters Complex, No.144, Anna Salai, Chennai-600 002. ... Appellants versus D.Thennarasu ... Respondent PRAYER: Writ Appeal filed against the order of the learned Single Judge in WP No.18867 of 2019 dated 21.10.2019.

For the Appellants :Mr.K.Rajkumar 1/6

Standing counsel for TNEB For the Respondent :Mr.A.Lakshmi Narasimhan WP No.10169 of 2021 D.Thennarasu ...Petitioner vs 1.The Tamil Nadu Electricity Board, Represented by its Chairman, Anna Salai, Chennai-600 002.

2.Tamil Nadu Generation & Distribution Corporation, Represented by the Chairman/Managing Director, Head Quarters Complex, No.144, Anna Salai, Chennai- 600 002.

3.Tamil Nadu Generation & Distribution Corporation, Chief Engineer/Personnel, Eighth Floor, Eastern Wing, NPKRR Maaligai, 144, Anna Salai, Chennai -600 002.

4.The Chief Secretary to Government of Tamil Nadu, Namakkal Kavignar Maaligai, Fort St.George, Chennai-600 009.

5.The Chief Secretary to the President of India Rashtrapati Bhavan, New Delhi-110004.

6.The Principal Secretary to the Prime Minister of India, 2/6

South Block, Raisina Hill New Delhi-110011. ...Respondents For the Petitioner :Mr.A.Lakshmi Narasimhan For the Respondents :Mr.K.Rajkumar Standing counsel for TNEB for respondents 1 to 3 Mr.V.Manoharan Additional Government Pleader for fourth respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the second and third respondents to consider and dispose the written representation dated 11.01.2020 made by the petitioner within a time frame. COMMON JUDGMENT (Judgment of the Court was delivered by D.KRISHNAKUMAR, J.) Writ Appeal No.2015 of 2022 has been filed by the Tamil Nadu Electricity Board as against the order of the learned Single Judge in WP No.18867 of 2019 dated 21.10.2019, directing to appellant Department to follow the procedure followed by them in internal selection for selecting external selection as contemplated in the Electricity Board Rules and proceed further in accordance with law.

2. Writ Petition No.10169 of 2021 is filed by the petitioner 3/6

D.Thennarasu/respondent in WA No.2015 of 2022, for a direction to the Tamil Nadu Generation & Distribution Corporation to consider and dispose the written representation dated 11.01.2020 made by the petitioner, seeking to follow the procedure of internal selection for selecting the external selection also, by preparing the list of those who participated in the interview and recommend them for future vacancies and also to reserve one post of Assistant Engineer for the petitioner.

3. Learned Standing Counsel for the Tamil Nadu Electricity Board has stated before this Court that now policy decision has been taken by the Government that recruitment for the aforesaid post have to be filled through Tamil Nadu Public Service Commission. Therefore, the prayer as sought for in the writ appeal and writ petition have become infructuous.

4. As the Government has taken a policy decision with regard to filling up of the aforesaid post through Tamil Nadu Public Service Commission, the prayer as sought for by the appellant/petitioner need not be considered for granting any relief.

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5. In view of the above observation, the writ appeal and writ petition stand dismissed as infructuous. Consequently, CMP No.15123 of 2022 and WMP No.10795 of 2021 are closed.

[D.K.K., J.] [K.B., J.] 03.07.2024 Index : Yes/No mrn To 1.The Chief Secretary to Government of Tamil Nadu, Namakkal Kavignar Maaligai, Fort St.George, Chennai-600 009.

2.The Chief Secretary to the President of India Rashtrapati Bhavan, New Delhi-110004.

3.The Principal Secretary to the Prime Minister of India, South Block, Raisina Hill New Delhi-110011.

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D.KRISHNAKUMAR, J.

and K.KUMARESH BABU, J.

(mrn) 03.07.2024 6/6