C.Murugan, v. Tamil Nadu Generation And Distribution Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.C.Murugan 2.A.Ramesh 3.K.Palani ... Petitioners Vs.
1.Tamilnadu Generation and Distribution Corporation(TANGEDCO), Rep. By its Chairman cum Managing Director, NPKKR Maligai, No.144, Anna Salai, Chennai 600 002 2.The Chief Engineer(Personnel), Tamilnadu Generation and Distribution Corporation(TANGEDCO), NPKKR Maligai, No.144, Anna Salai, Chennai 600 002 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioners for promotion to the post of Technical Assistant(Electrical) in the respondent TANGEDCO from the date other 15 persons were granted promotion as Technical Assistants (Electrical) as per Memo No.16444/278/G.5/G.51/2020-3 dated 21.09.2023 and memo No.67958/G.5(1)/2021-17 dated 21.09.2023 respectively, as has been 1/6
claimed in petitioner's representation dated 04.10.2023 within a time frame.
For Petitioners : Mr.K.M.Ramesh, Senior Counsel for Mr.V.Subramani For Respondents : Mr.K.Rajkumar, Standing Counsel(TANGEDCO)
ORDER
This writ petition has been filed for direction to the respondents to consider the petitioners for promotion to the post of Technical Assistant(Electrical) in TANGEDCO from the date other 15 persons were granted promotion as Technical Assistants (Electrical) as per Memo No.16444/278/G.5/G.51/2020-3 dated 21.09.2023 and memo No.67958/G.5(1)/2021-17 dated 21.09.2023 respectively.
2. The case of the petitioners is that the Petitioners are now working as Inspector of Assessment, Commercial Inspector and Revenue Supervisor respectively in TANGEDCO. The Petitioners studied part-time course for obtaining three year Diploma in Electrical and Electronics during 2009-2012 from Periyar Maniammai University after getting due permission from TANGEDCO. After obtaining Diploma, the 2/6
Petitioners applied for Selection/Promotion to the post of Technical Assistant, for which post the basic and essential qualification is Diploma in Electrical and Electronics. Along with petitioners, 20 other employees also studied part-time diploma from the same Periyar Maniammai University. Out of 23 employees who obtained diploma along with the Petitioners, filed Writ Petition before the Madurai Bench of this Court in W.P.(MD) Nos.8018 to 8020/2019 and the same was disposed of by a common order dated 11.04.2019. After receipt of order in the above WP's, TANGEDCO issued proceedings granting Selection/Promotion to 15 of the employees out of 23 in the year 2022 with effect from 2016 and 2019. However, so far, the claim of the Petitioners herein for Selection/Promotion has not been considered.
3.Since the name itself is 'Periyar Maniammai University', it is apparent that the petitioners' applications for internal selection to the post of Technical Assistant(Electrical), have necessarily to be considered by the first respondent
4. In view of the above, this Court, without going into the merits of 3/6
the case, directs the first respondent to consider the petitioners' joint representation dated 04.10.2023 seeking for internal selection to the post of Technical Assistant, and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition stands disposed of. No costs.
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To 1.Chairman cum Managing Director, Tamilnadu Generation and Distribution Corporation(TANGEDCO), NPKKR Maligai, No.144, Anna Salai, Chennai 600 002 2.The Chief Engineer(Personnel), Tamilnadu Generation and Distribution Corporation(TANGEDCO), NPKKR Maligai, No.144, Anna Salai, Chennai 600 002 G.K.ILANTHIRAIYAN, J.
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