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Madras High CourtWP/12463/2024disposed of

Tamil Nadu Electricity Board Engineers Association, v. The Chairman Cum Managing Director,

2024-04-30Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.13615 and 13616 of 2024 Tamil Nadu Electricity Board Engineers' Association, Rep. by its General Secretary, Electricity Avenue, No.144, Anna Salai, Chennai 0 600 002.

.. Petitioner

Versus

1. The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

2. Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari calling for the records of the impugned proceeding issued by the 2nd respondent vide (Per) FB TANGEDCO Proceedings No.04, dated 05.03.2024, quash the same. For Petitioner : Mr.Naveen Kumar Murthi for M/s.S.Varsha 1/6

For Respondents : Mr.K.Rajkumar

ORDER

This Writ Petition is filed challenging the TANGEDCO proceedings No.4, dated 05.03.2024.

2. The petitioner is an association of Engineers. According to the petitioner association, the impugned rationalisation which is done by the Board is completely irrational. They rely upon the following data which is given in paragraph No.6 of the affidavit filed in support of the Writ Petition :- Details 31.03.1987 31.03.2022 Times 1.

Installed capacity (MW) 33877 8.71 2.

No. of Sub-Stations 3.86 3.

EHT & HT Lines (Lakh ckt. Kms) 0.919 2.24 2.43 4.

LT Lines (Lakh Kms) 3.00 6.17 2.05 5.

Distribution Transformers 68,828 3,73,162 5.42 6.

Agricultural Pump-sets (Lakh) 11.16 22.87 2.04 7.

Consumers (Lakhs) 64.86 324.54 5.00 8.

Energy Sales (MU) 11,999 97,465 8.12 2/6

3. According to the learned Counsel for the petitioner, the respondents themselves can see justification in the claim made by the petitioner association. The petitioner association or the employees who will be affected by the decision ought to have been taken into confidence before making the decision. An opportunity of hearing is also not granted. Therefore, the present Writ Petition is filed.

4. Mr.K.Rajkumar, learned Counsel, taking notice for the respondent Corporation, would submit that this is only an exercise of review of staff pattern taking into account the workload etc., that is made by a SubCommittee appointed by the Board. Therefore, he would submit that when the review of workload is done as recommended by the Sub-Committee, this Court, under Article 226 of the Constitution of India, cannot interfere with the same. He would further submit that if the petitioner association has any genuine grievances, they can represent to the Board and it is for the Board to take appropriate action in the matter.

5. As far as the review of the staff pattern etc., is concerned, it can be seen that it comes within the realm of the employer. The instant exercise is 3/6

reportedly done on the report of a Committee which is formed. Therefore, this Court is neither an appellate authority nor a super administrator under Article 226 of the Constitution of India to grant the relief as prayed for by the petitioner. However, if the petitioner association, being the association of Engineers, expresses any genuine grievances by way of a representation, if any, which may be filed within two weeks from the date of receipt of a copy of this order, the same shall be considered by the Board in accordance with law within four weeks therefrom.

6. In view thereof, this Writ Petition is disposed of with a liberty to the petitioner association to make a representation within two weeks from the date of receipt of a copy of this order and the same shall be considered by the Board of the first respondent within four weeks therefrom in accordance with law and take a decision in that regard. There shall be no order as to costs. Consequently, connected miscellaneous are closed. 30.04.2024 Index : yes Speaking order : no 4/6

grs To

1. The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

5/6

D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.Nos.13615 and 13616 of 2024 30.04.2024 6/6