Arul Kumar v. The Chief Engineer (Personnel)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.12207, 12208, 12632, 13358, 15550, 17654 and 17985 of 2024 Arul Kumar ... Petitioner in W.P.12207/2024 S.Sivaprakasam ... Petitioner in W.P.12208/2024 Sampath ... Petitioner in W.P.12632/2024 Ramachandiran ... Petitioner in W.P.13358/2024 Srinivasan ... Petitioner in W.P.15550/2024 Venkatesan ... Petitioner in W.P.17654/2024 Bharathidasan ... Petitioner in W.P.17985/2024 Vs.

The Chief Engineer (Personnel) TANGEDCO 144, Anna Salai, Chennai - 600 002.

... Respondent in all the W.Ps.

Prayer in W.P.No.12207 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to Memo Number 053835/G4/G41/2023 dated 19.10.2023 of the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 quash the same and direct the respondent namely the Chief Engineer Personnel TANGEDCO, 144, 1/14

Anna Salai, Chennai 600 002 to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from October 2021 or at least from 29.09.2022 the date when the petitioner was promoted as Foreman Grade I with all consequential benefits. Prayer in W.P.No.12208 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to Memo Number 045648/G4/G41/2023 dated 17.10.2023 of the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 quash the same and direct the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from 10.08.2020 or at least from 30.12.2020.

Prayer in W.P.No.12632 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to Memo Number 045644/G4/G41/2023 dated 10.10.2023 of the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 quash the same and direct the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from the date when the petitioner was promoted as Foreman Grade I with all consequential benefits.

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Prayer in W.P.No.13358 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 23.06.2023 and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with all attendant benefits like back wages and seniority.

Prayer in W.P.No.15550 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to Memo number 053836/G4/G41/2023 dated 19.10.2023 of the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 quash the same and direct the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chenani 600 002 to pass appropriate orders promoting the petitioner as Junior Engineer Grade II instead of promoting within the Regular Work Establishment.

Prayer in W.P.No.17654 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to Memo Number 051579/G4/G41/2023 dated 19.10.2023 of the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 quash the same and direct the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 to pass appropriate orders promoting the 3/14

petitioner as Junior Engineer Grade II with the effect from May 2021 or at least from 24.08.2022 the date when the petitioner was promoted as Foreman Grade I with all consequential benefits. Prayer in W.P.No.17985 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to Memo Number 053831/G4/G41/2023 dated 19.10.2023 of the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 quash the same and direct the respondent namely the Chief Engineer Personnel TANGEDCO, 144, Anna Salai, Chennai 600 002 to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from the date when the petitioner was promoted as Foreman Grade I with all consequential benefits.

For Petitioners : Mr.S.Elamurugan For Respondent : Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar Standing Counsel C O M M O N O R D E R W.P.No.12207 of 2024 has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to Memo Number 053835/G4/G41/2023 dated 19.10.2023 of the 4/14

respondent, quash the same and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from October 2021 or at least from 29.09.2022 the date when the petitioner was promoted as Foreman Grade I with all consequential benefits.

2.W.P.No.12208 of 2024 has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to Memo Number 045648/G4/G41/2023 dated 17.10.2023 of the respondent, quash the same and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from 10.08.2020 or at least from 30.12.2020.

3.W.P.No.12632 of 2024 has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to Memo Number 045644/G4/G41/2023 dated 10.10.2023 of the respondent, quash the same and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from the date when the petitioner was promoted as Foreman Grade I with all consequential benefits.

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4.W.P.No.13358 of 2024 has been filed seeking issuance of Writ of Mandamus directing the respondent to consider the petitioner's representation dated 23.06.2023 and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with all attendant benefits like back wages and seniority. 5.W.P.No.15550 of 2024 has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to Memo number 053836/G4/G41/2023 dated 19.10.2023 of the respondent, quash the same and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II instead of promoting within the Regular Work Establishment. 6.W.P.No.

17654 of 2024 has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to Memo Number 051579/G4/G41/2023 dated 19.10.2023 of the respondent, quash the same and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from May 2021 or at least from 24.08.2022 the date when the petitioner was promoted as Foreman Grade I with all consequential benefits.

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7.W.P.No.17985 of 2024 has been filed seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to Memo Number 053831/G4/G41/2023 dated 19.10.2023 of the respondent, quash the same and direct the respondent to pass appropriate orders promoting the petitioner as Junior Engineer Grade II with the effect from the date when the petitioner was promoted as Foreman Grade I with all consequential benefits.

8.Since the issue involved in these writ petitions are common in nature, they are heard together and disposed of by way of common order.

9.The learned counsel appearing for the petitioners submitted that the petitioners submitted that the petitioners entered the service of the respondent as Helpers and on acquiring the required qualification, they were promoted as Foreman Grade I and while in service, after obtaining prior permission from the Board, the petitioners completed Diploma in Electrical and Electronics Engineering and as such they are entitled for promotion to the post of Junior Engineer Grade II. The learned counsel further submitted that 7/14

similarly situated persons filed W.P.Nos.43061 of 2002 etc., batch challenging the amendment issued in (Per) B.P.(FB).No.17, dated 05.07.2003, and this Court vide order dated 16.12.2010 quashed the amendment issued in B.P.(FB).No.17, dated 05.07.2003 and directed the respondent TANGEDCO to consider the claim of Diploma Holders for promotion on the date when their immediate juniors were promoted.

10.The learned counsel appearing for the petitioners further submitted that the Tamil Nadu Electricity Board, which got bifurcated into the Tamil Nadu Electricity Generation and Distribution Corporation and Tamil Nadu Transmission Corporation had several categories of employees, both technical and non technical on its rolls. There was also an establishment known as Regular Works Establishment, in which there were different categories of posts. The holders of these posts were both Diploma holders as well as non - Diploma holders. Until 1987, the Diploma holders and non - Diploma holders in the Regular Works Establishment, irrespective of the posts they were holding, were promoted to the post of Junior Engineer (Electrical) Grade - II in the ratio 3 : 1.

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11.The learned counsel appearing for the petitioners further submitted that the petitioners are entitled to be promoted as Junior Engineer Grade II, however, the respondent is rejecting the claim of the petitioners. Hence, this Court may direct the respondent to pass appropriate orders promoting the petitioners as Junior Engineer Grade II.

12.The learned counsel appearing for the respondent submitted that the existing method of appointment to the post of Junior Engineer (Electrical) II Grade is by internal selection with effect from 01.05.1987 on forming a State cadre for Diploma holder consisting of Tester Grade - I, Estimator, Tester Grade II, Switch Board Operator, Switch Board Attendant, Oil Tester and Fitter Operator. Further the method of appointment to the post of Junior Engineer (Electrical) II Grade reserved for Diploma holders (3 : 1) shall be by promotion from the post of Tester I Grade/ Estimator/ Draughtsman II & III Grade on common seniority basis. 13.The learned counsel appearing for the respondent further submitted that in (Per) B.P. (FB)No.31, (AB) dated 12.01.1988, orders 9/14

were issued re-designating the post of Tester Grade - I and Estimator as Technical Assistant Grade - I and the posts of Tester Grade II, Switch Board Operator, Switch Board Attendant, Oil Tester and Fitter Operator as Technical Assistant Grade - II. In the year 1992 Wage Revision Settlement, the above category of Technical Assistant Grade - I and Technical Assistant Grade - II were merged and re-designated as Technical Assistant vide (Per) B.P. (FB) No.5, (SB) dated 25.01.1994. In para (4) of B.P. MS (FB) No.33, dated 04.04.1987 it has been stated that 'the Diploma holders now holding the post of Foreman I Grade / Foreman II Grade/ Line Inspector shall be allowed to continue in the same category, though included in the Diploma Holders cadre, until they get promotion as Junior Engineer (Electrical) - II Grade and they shall be counted against the quota reserved for diploma holders'.

14.The learned counsel appearing for the respondent further submitted that pursuant to the orders issued in B.P. Ms. (FB) No.33 (Adm.Branch) dated 04.04.1987 amendment to TNEB Service Regulations were amended vide (Per.) B.P. (F.B.) No.17, (Sectt. Branch) dated 05.07.2003. The learned counsel further submitted 10/14

that the Line Inspector/ Commercial Inspector and Foreman I Grade who have completed Diploma filed W.P.Nos.43061 of 2002 etc., batch challenging the amendment issued in (Per) B.P.(FB).No.17, dated 05.07.2003 and vide order dated 16.12.2010, this Court quashed the amendment issued in B.P.(FB).No.17, dated 05.07.2003 and directed the respondent to consider the claim of the Diploma holders for promotion on the date when their immediate juniors were promoted. 15.The learned counsel appearing for the respondent further submitted that challenging the order dated 16.12.2010, the respondent filed W.A.Nos.1571 of 2012 etc., batch and the Hon'ble Division Bench of this Court passed judgment on 22.06.2015 as per which, the amendment issued in B.P.No.17, dated 05.07.2003 was held good and the RWE cadre i.e., LI/ CI and Foreman I Grade who have completed Diploma qualification prior to the judgment dated 22.06.2015 alone are made eligible for promotion to the post of Junior Engineer/ Electrical II Grade.

16.Heard the arguments advanced on either side and perused the materials available on record.

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17.Admittedly, the petitioners entered the service of the respondent as Helpers without Diploma qualification and while in service, the petitioners completed Diploma in Electrical and Electronics Engineering, on the basis of which, the petitioners claim that they are entitled for promotion to the post of Junior Engineer Grade II. However, the petitioners were not given promotion since as per (Per) B.P.(FB).No.17, (Sectt. Branch) dated 05.07.2003, out of every four vacancies arising, three vacancies shall be reserved for diploma holders and one vacancy for Regular Work Establishment category. 18.The said issue was already decided by the Hon'ble Division Bench of this Court in W.A.Nos.1571 of 2012 etc., batch on 22.06.2015, wherein, the amendment issued in B.P.No.17, dated 05.07.2003, prescribing that out of every four vacancies arising, three vacancies shall be reserved for diploma holders and one vacancy for Regular Work Establishment category was held good. Hence, as soon as the petitioners seniority reaches, the petitioners will be entitled for promotion.

19.In view of the above, the relief sought for in these writ 12/14

petitions cannot be granted. The respondent is directed to consider the claim of the petitioners as soon as the petitioners seniority reaches in the Regular Work Establishment category and pass appropriate orders. If the judgment of the Hon'ble Division Bench of this Court in W.A.Nos.1571 of 2012 etc., batch dated 22.06.2015 is modified by the Hon'ble Apex Court, liberty is granted to the petitioners to approach the respondent again for promotion.

20.The writ petitions are dismissed. No costs. 25.02.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Chief Engineer (Personnel) TANGEDCO 144, Anna Salai, Chennai - 600 002.

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M.DHANDAPANI,J.

pri W.P.Nos.12207, 12208, 12632, 13358, 15550, 17654 and 17985 of 2024 25.02.2026 14/14