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Madras High CourtWP/35686/2015closed

R.Govindharajan, v. Tamil Nadu Generation And

2024-07-30Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Govindharajan ..Petitioner Vs.

Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Rep. By its Chief Engineer (Personnel), N.P.K.R.R. Maaligai, 144, Anna Salai, Chennai-2.

..Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order bearing Memo No.095211/822/G.1/G.11/2011 dated 24.03.2024 passed by the Respondent and quash the same and consequently direct the Respondent to compute the actual backlog vacancies and notionally promote the petitioner according to his seniority to the post of Assistant Executive Engineer(Electrical) against such backlog vacancy with consequential monetary benefits.

For Petitioner : Mr.R.Thiagarajan For Respondent : Mr.K.Rajkumar Standing Counsel for TANGEDCO

ORDER

The present writ petition is filed praying for a writ of Certiorarified Mandamus calling for the records relating to the impugned order bearing Memo No.095211/822/G.1/G.11/2011 dated 24.03.2024 passed by the Respondent and quash the same and consequently direct the Respondent to compute the actual backlog vacancies and notionally promote the petitioner according to his seniority to the post of Assistant Executive Engineer(Electrical) against such backlog vacancy with consequential monetary benefits.

2. The learned counsel for the petitioner as well as the respondent brought to the notice of this Court that the writ petitioner was aged about 59 years even at the time of filing of this writ petition and now he would be around 68 years.

3. It was submitted by the learned counsel for the petitioner and Respondent in unison that in similar circumstances the writ petition in W.P.(MD).No.15273 of 2014 dated 08.10.2020 was closed on finding that no relief could be granted. The relevant portions of the aforesaid

order is extracted hereunder:

"3. The learned counsel for the Respondent also made a submission that the case of all the eligible persons were considered for promotion in accordance with their respective seniority and process was undertaken by the authorities during the relevant point of time. However the petitioner has attained the age of superannuation and therefore, the relief as sought for in the present writ petition cannot be granted....."

4. In view thereof, the writ petition stands closed. No costs. 30.07.2024 Speaking (or) Non Speaking Order Index:Yes/No mka To:

The Chief Engineer (Personnel), The Tamil Nadu Generation and Distribution Corporation (TANGEDCO), N.P.K.R.R. Maaligai, 144, Anna Salai, Chennai-2.

MOHAMMED SHAFFIQ, J.

mka 30.07.2024