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Madras High CourtWP/10153/2025disposed of

T.Velmani v. The Superintending Engineer

2025-04-02Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.04.2025

CORAM:

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN W.P.No.10153 of 2025 T. Velmani ... Petitioner vs The Superintending Engineer Tamil Nadu Power Distribution Corporation Limited, (TNPDCL) (Previously TANGEDCO) Villupuram, Villupuram District.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ or Order or direction more particularly a Writ of Mandamus by issuing suitable direction to consider the petitioner's objection dated 25.05.2022 to the inter-se-seniority list of commercial Inspector and Line Inspector dated 30.4.2022 and the consequential objection dated 21.1.2025 to the inter-se-seniority list of commercial inspector and Line Inspector dated 12.10.2023. For Petitioner : Mr. R.S. Anandan For Respondent : Mr.P. Subramanian Standing Counsel (TNEB) 1/6

ORDER

On 24.03.2025, this Court had passed the following orders: "The respondent to commit himself by filing an affidavit before this Court whether the objections raised by the petitioner dated 25.05.2022 had been considered before publishing the seniority list. For filing that affidavit, list the matter once again on 02.04.2025."

2. In compliance, an affidavit had been filed by the respondent/Superintendent Engineer, TANGEDCO, Villupuram, enclosing the rejection of the representation given by the petitioner. This order rejecting the representation is dated 01.04.2025/yesterday. That was the only day probably this particular respondent worked and worked to ensure that an order had been passed. The representation was dated 25.05.2022. It had been kept on the file of the respondent for more than 2 years and 9 months and later, in one day, the order is passed. A reading of the order shows that there is no independent application of mind,but, 'the reply given to the association had been extracted' and thereafter, it has been stated that the representation of the petitioner cannot be 2/6

considered. The order dated 01.04.2025 by the respondent is rejected and set aside. It is clear that the respondent is not prepared to give any effective participation or instructions to examine the issue raised.

3. The writ petition has been filed in the nature of a mandamus seeking a direction to consider the application of the petitioner dated 25.05.2022 relating to inter se seniority of Commercial Inspector and Line Inspector dated 30.04.2022. The petitioner had joined the service as a Field Assistant (Helper) on 23.03.2009 and was appointed through Employment Exchange. He was then posted as Field Assistant at Koiliyanur Section, Villupuram District. He was then promoted as Commercial Assistant on 10.02.2014. He was further promoted as Commercial Inspector on 09.08.2019. He had opted to go over to the post of Commercial Assistant. A separate seniority list of Commercial Assistants and a separate list of Wiremen had been published by the respondents. The seniority of the petitioner was at No.52 in Commercial Assistant. Thereafter, an inter se seniority list was published on 30.04.2022. The petitioner was placed at 195 in the said seniority list. It is for that reason, raising objections to that particular seniority list, he had 3/6

given a representation on 22.05.2022, which status, the Court sought to know by way of an affidavit.

4. The respondent had filed an affidavit enclosing the order passed by him on 01.04.2025/yesterday rejecting the representation given by the petitioner herein. The only reason given is that the representation given by the Union had been rejected and therefore, the representation of the petitioner cannot be considered. The said order is set aside.

5. A direction is given to the respondent to atleast now realise that he earns money through the taxes paid by the general public and should discharge his duties to his conscience and apply his mind on any and every representation given and pass appropriate orders with reference to rules and guidelines. It is hoped that the respondent would comply with the above and pass fresh orders on the representation given by the petitioner herein. A direction is given that he should pass necessary orders within a period of four weeks from the date of receipt of a copy of this order.

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6. With the above directions, the Writ Petition stands disposed of. No costs.

02.04.2025 Internet : Yes / No Index: Yes / No Speaking order / Non speaking order Bga To The Superintending Engineer Tamil Nadu Power Distribution Corporation Limited (TNPDCL) (Previously TANGEDCO) Villupuram, Villupuram District.

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C.V. KARTHIKEYAN, J.

bga W.P.No.10153 of 2025 02.04.2025 6/6