S.Vikram, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Vikram, S/o. Subha Chandran (late) ... Petitioner -vs1. The Chairman, TANGEDCO, No.144, Anna Salai, Chennai - 2.
2. The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, Chennai - 2.
3. The Superintending Engineer, Thirupattur Electricity Distribution Circle, Thirupattur.
... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Declaration, declaring the impugned board proceedings of the 2nd respondent in B.P(FB).No.1, Administrative Branch, dated 28.01.1997 and B.P.No.25, dated 21.06.2007 is contrary and ultravires of the Board service regulation 94 and Annexure III and the consequential order of the 2nd respondent dated 09.01.2014, appointing the petitioner as Helper Trainee and consequently direct the respondent to appoint petitioner as Technical Assistant from 1/6
the date of his initial appointment on compassionate ground with all consequential benefits.
For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.P.Subramanian
ORDER
The writ of declaration has been filed to declare the board proceedings of the 2nd respondent in B.P(FB).No.1, Administrative Branch, dated 28.01.1997 and B.P.No.25, dated 21.06.2007 is contrary and ultra vires of the Board service regulation 94 and Annexure III and the consequential order of the 2nd respondent dated 09.01.2014, appointing the petitioner as Helper Trainee and consequently direct the respondent to appoint petitioner as Technical Assistant from the date of his initial appointment on compassionate ground with all consequential benefits.
2. The writ petitioner states that his father, who was working as Field Assistant in the respondent Electricity Board died on 23.08.2000, while he was in service. At the time of death of his father, the petitioner 2/6
was a minor and on attaining the age of 18 years, he filed an application seeking appointment on compassionate ground.
3. The petitioner states that he studied Bachelor of Engineering in Information Technology and complete the said course in April 2012 with second class. However, the Board proceedings stipulates that first class in Engineering degree are eligible for the appointment to the post of Technical Assistant and therefore, the petitioner during the relevant point of time filed the present writ petition challenging the board proceedings prescribed additional qualifications for compassionate appointees.
4. The learned counsel for the petitioner states that the Board proceedings prescribed different qualifications from that of the service regulations applicable to the post and therefore, it is ultra vires and thus, the Board proceedings is to be set aside.
5. The learned counsel for the respondents brought to the notice of this Court that the case of the writ petitioner was considered and he was appointed as Helper on compassionate ground on 09.01.2014 and thereafter, he was appointed as Field Assistant on 19.06.2015 and he has 3/6
continuing in the post of Field Assistant in the Tamil Nadu Electricity Board.
6. Since the claim of the writ petitioner has already been considered and he has been appointed as Field Assistant and working as such, there is no necessity to adjudicate the validity of the Board proceedings since the grievances of the writ petitioner are not existing as of now.
7. The issue raised in this writ petition regarding the validity of the Board proceedings are left open and this being the factum, no further adjudication needs to be undertaken and consequently the writ petition stands disposed of. No costs.
10.11.2022 Index : Yes Speaking Order : Yes mp 4/6
To
1. The Chairman, TANGEDCO, No.144, Anna Salai, Chennai - 2.
2. The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, Chennai - 2.
3. The Superintending Engineer, Thirupattur Electricity Distribution Circle, Thirupattur.
5/6
S.M.SUBRAMANIAM, J mp W.P.No.36687 of 2016 10.11.2022 6/6