A.Velmurugan, v. Chief Engineer (Personnel),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2018

CORAM:

THE HON'BLE MR. JUSTICE T. RAJA W.P. No.34329 of 2017 & W.M.P. No. 38188 of 2017 A. Velmurugan Petitioner vs.

The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) No.144, Anna Salai Chennai 600 002 Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to consider the petitioner's Diploma Engineering (Electrical) as regular Diploma and appoint him as Technical Assistant by internal selection by considering his representation dated 07.12.2017. For petitioner Mr. V. Stalin For respondent Mrs. R. Varalakshmi Standing Counsel

ORDER

Though this writ petition has been filed seeking a writ of mandamus directing the respondent to consider the petitioner's Diploma Engineering (Electrical) as regular diploma and appoint him as Technical Assistant, today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the respondent Corporation to consider and pass orders on the petitioner's representation dated 07.12.2017 on its own merits and in accordance with law, within a stipulated time. Mrs. R. Varalakshmi, learned Standing Counsel, accepts notice for the respondent. With consent, this writ petition is taken up for final disposal at the admission stage itself.

According to the learned counsel for the petitioner, the petitioner joined the services of the respondent Corporation as Field Assistant by way of direct recruitment in March 2014 in the Tuticorin Thermal Power Station; he also underwent Diploma Engineering (Electrical) from Manav Bharti University at Himachal Pradesh; the Diploma Engineering (Electrical) course undergone by him is a regular course and he also submitted the certificate issued by Manav Bharti University to the respondent Corporation; to find out the genuineness of the petitioner's certificate, the respondent Corporation also issued a communication to Manav Bharti University asking the latter to confirm the genuineness of the same; in response thereto, Manav Bharti University, by written communication dated 17.12.

2015, replied that on verification of the records of the University, it was found that the certificate possessed by the petitioner is a genuine one; in spite of the above confirmation as to the genuineness of the certificate issued by Manav Bharti University, the respondents have not come forward to consider the petitioner's qualification of Diploma Engineering (Electrical) as requisite qualification for the post of Technical Assistant; therefore, a direction as sought may be issued to the respondent Corporation.

The learned Standing Counsel appearing for the respondent Corporation sought time to take instructions. But, this Court, considering the limited scope of the relief sought by the petitioner, instead of granting time to the learned Standing Counsel to take instructions, directs the respondent Corporation to consider the petitioner's representation dated 07.12.2017 on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition stands disposed of. Costs made easy. Connected W.M.P. is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar cad

To The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) No.144, Anna Salai Chennai 600 002 +1 CC to Mr. V. Stalin, Advocate Sr.No.1000 W.P. No.34329 of 2017 RJ(CO) KP(03/02/2018)