J.Ganesan v. The Government Of Tamilnadu

2026:MHC:522

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2026 C O R A M THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN W.A.Nos.594 and 622 of 2016, 235, 267, 744 of 2017, W.P.Nos.12525, 17705, 30067 and 30068 of 2016, 12154 and 13035 of 2019 and C.M.P.Nos.8169, 7867 of 2016, 3817, 4164, 4165, 10264 of 2017, 23493 of 2018, 2825 of 2019, W.M.P.Nos.10839, 15407, 26053, 26054 of 2016 and 13166 of 2019 W.A.No.594 of 2016

1. J.Ganesan

2. K.Gowrisankar

3. R.Manikandan

4. M.Premkumar

5. G.Thameem Khan

6. M.Abishek

7. M.Santhosh

8. S.Surendran

9. N.Sakthivel

10. Balamurugan ... Petitioners/Appellants -vs1. The Government of Tamil Nadu, Rep. by its Secretary, Labour and Employment (T2) Fort St.George, Madras-600 009.

2. The Tamil Nadu Generation and Distribution Corporation Limited, Rep. by the Chief Engineer (Personnel), NPKKRR Maligai, 144, Anna Salai, Chennai-2 ... Respondents/Respondents 1/6

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the order of the learned Single Judge in W.P.No.12361 of 2016 dated 04.04.2016.

Appearance:

Case No.

Appellants/Petitioners Respondents W.A.Nos.594/2016, For R1 - Mr.R.Kumaravel Addl. Govt. Pleader For R2 - Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar R26 - No Appearance in WA235/2017 W.A.622 of 2016 Mr.C.K.Chandrasekar For R2 - Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar W.A.267 of 2017 Mr.K.M.Ramesh, Senior Mr.A.G.Vedavikas for Mrs.V.Srimathi 235/2017 For R1 & R2 - Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar.

For R4 & R5 - Mr.M.Mahamani W.A.744 of 2017 No Appearance For R1 - Mr.R.Kumaravel Addl. Govt. Pleader For R2 - Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar For R8 to 73 - Mr.N.Ponraj For R4,5,7 - No Appearance For R3 & R6 - Givenup W.P.12525 of 2016 Mr.K.M.Ramesh, Senior Counsel, for Mr.S.Apunu For R1 & R2 - Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar.

W.P.17705 of 2016 Mr.K.M.Ramesh, Senior Counsel, for Mrs.R,Sandhya For R1 & R2 - Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar For R3 - No Appearance W.Ps.30067 & 30068 of 2016, Counsel, for Mr.K.Bharathi Mr.K.M.Ramesh, Senior Counsel, for Mr.K.Vijayakumar For R1 & R2 - Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar For R3 - No Appearance 2/6

W.P.12154 of 2019 Mr.A.Arshad Khan, for Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar W.P.13035 of 2019 Mr.A.Arshad Khan, for Mr.S.Prasanna Mr.R.Nikkhilesh Athav for Mr.K.Rajkumar Mr.S.Prasanna ***** C O M M O N J U D G M E N T (By S.M.SUBRAMANIAM,J.,) The present Intra Court appeals have been instituted, challenging the orders passed in the Writ Petitions. Writ Petitions have been instituted, challenging the recruitment notification issued by the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) for selection and appointment to various posts of Technical Assistant / Electrical, Technical Assistant / Mechanical, Assistant Draughtsman and Field Assistant Trainee.

2. The contentions of the appellants / petitioners are that they are Apprentices, undergone apprenticeship training under The Apprentices Act, 1961 with the TANGEDCO. Therefore, they must be provided priority in the matter of regular selection and appointment in TANGEDCO. It is contended that a separate scheme has been framed for the purpose of providing priority to Apprentices, who have undergone training under the Act, 1961 in the TANGEDCO.

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3. Writ Petitions have been filed, challenging the policy decision of the TANGEDCO Board dated 31.08.2017, granting priority in recruitment in favour of Apprentices. The object of the Act, 1961 is to impart training to eligible candidates, enabling them to secure appointment in various establishments. Therefore, undergoing training under the Act, 1961 per se would not confer any right to claim appointment in the Regular Establishment. All appointments are to be made in accordance with the Service Rules / Standing Orders or Regulations as applicable to the particular Establishment.

4. Tamil Nadu Generation and Distribution Corporation Limited is a State owned organization. Service Rules applicable for recruitment are very much in force. Thus, selection and appointment is to be undertaken strictly in accordance with the Recruitment Rules.

5. Learned Standing Counsel appearing for TANGENCO furnished a copy of the Board Proceedings dated 31.08.2017, in which a decision has been taken by the Board to provide priority to an extent if the Open Market candidates and Apprentices stand in the equal footing. Paragraph No.5 of the said Board Proceedings reads as under: 4/6

"5) Hence, the matter has been placed before the Board of TANGEDCO and Board after careful consideration has decided that the Apprentice Trained in the TNEB / TANGEDCO / TANTRANSCO will have to appear in the examination conducted by TNEB and also decided the following exclusive policy with regard to apprentice is framed under the section 22 (1) of the Apprentice Act, 1961 and direction of the Hon'ble High Court of Madras.

(1) All apprentices who have undergone training in the Board have to go through the process of selection provided in the Regulations. Pursuant to G.O.Ms.No.44, dated 11.03.2015, the Board has decided to conduct written examination for all categories of candidates. Therefore, the apprentice candidates must also appear in the competitive written examination.

(2) Other things being equal, apprentice will be given preference in appointment as per the law laid down by the Hon'ble Supreme Court of India in U.P.State Road Transport Corporation vs. U.P.Parivahan Nigam Shishukha (1995) 2 SCC 1 and clarified in U.P.Rajya Vidyut Parishad Apprentice Welfare Assocation and Anr. vs. State of Uttar Pradesh and others 2000 LLR 869 (SC) = 2000 (3) SCR 1201, as has been followed hitherto followed.

(3) Age relaxation will be allowed to the extent of the actual period of apprentice training undergone in the TNEB / TANGEDCO / TANTRANSCO."

6. The above priority given by the Board itself is a concession extended in favour of the Apprentices. Therefore, the Apprentices are not entitled for any further concession or the relief from the hands of this Court.

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S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

ar With these observations, all the Writ Appeals and Writ Petitions stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

(S.M.S,J.,) (C.K,J.,) 05.01.2026 Index: Yes Internet: Yes ar To:

1. The Secretary, Government of Tamil Nadu, Labour and Employment (T2) Fort St.George, Madras-600 009.

2. The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Limited, NPKKRR Maligai, 144, Anna Salai, Chennai-2 W.A.Nos.594 and 622 of 2016, 235, 267, 744 of 2017, W.P.Nos.12525, 17705, 30067 and 30068 of 2016, 12154 and 13035 of 2019 6/6