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Madras High CourtWP/9239/2014dismissed

Anna Thozhirsangam v. The Chief Engineer-Personnel

2025-06-10Honourable Mr.Justice Mummineni Sudheer Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10/6/2025 C O R A M The Hon'ble Mr.JUSTICE MUMMINENI SUDHEER KUMAR Writ Petition No.9239 of 2014 a n d M.P.No.1 of 2014 AnnaThozhirsangam Electricity Branch Dharmapuri Electricity Distribution Circle rep by its Circle President Mr.T.Anbazhagan Dharmapuri.

...

Petitioner Vs

1. The Chief Engineer - Personnel Tamil Nadu Electricity Board Administrative Branch Chennai 600 002.

2. The Superintendent Engineer TANGED Corporation Dharmapuri Region Dharmapuri.

...

Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified mandamus to call for the 1/6

records relating to the seniority list prepared by the second respondent in Ku.No.073/NP1/U2/Ko. Principal List/2014 dated 30/1/2014 and quash the same and consequently direct the second respondent to prepare a fresh seniority list on the basis of the transfer order of the first respondent dated 31/8/2009.

For petitioner ...

Mr.G.M.Anantha Kumar For respondents ...

Mr.C.Manoharan - - - - -

O R D E R

This writ petition is filed by the petitioner organisation challenging the Proceeding dated 30/1/2014 in Ku.No.073/NP1/U2/Ko Principal List/2014, whereby the seniority among the Field Assistants in Dharmapuri Electricity Distribution Circle was fixed.

2. In case, if any of the persons whose names were included in the impugned seniority list is aggrieved, it is for the such individuals to challenge the same on whatever grounds that may be available to them. But the petitioner organisation representing a group of individuals cannot be said to be an aggrieved person. In service matters, it is for the 2/6

individual who is aggrieved by any action of the State has to approach this Court, but not through organisation or Association.

3. This aspect of the matter came up for consideration before this Court in TAMIL NADU SURVEY OFFICERS UNION (CENTRAL), rep. BY ITS GENERAL SECRETARY, TIRUVANNAMALAI Vs. 1. THE GOVERNMENT OF TAMIL NADU, rep. BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, REVENUE & DISASTER MANAGEMENT DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009 (W.P.No.10465 OF 2020), wherein a learned Single Judge of this Court by an order dated 28/4/2022 has held as under:- "13. In the judgment dated 28/3/2018 in W.A.No.1792 of 2017 (THE SECRETARY TO GOVERNMENT, CHENNAI 9 AND OTHERS Vs. THE TAMIL NADU HIGHER SECONDARY VOCATIONAL TEACHERS ASSOCIATION), the Hon'ble Division Bench has observed that "There is no question of entertaining the writ 3/6

petition at the instance of the Association in a service matter and directing the Government to grant the benefits to the members of the Association. Nothing prevented the employees who worked as Vocational Instructors to approach the Court for appropriate relief. Since it is a service matter, the concerned employee has to approach the Court. There is no locus standi for the Association to approach the Court for the purpose of giving service benefits to its members..."

14. Admittedly, in the case on hand, the present writ petition has been filed on behalf of its members and the members of the petitioner's Association are employees of the Survey & Settlement Department and they cannot be presumed to be poor, disabled or disadvantaged to approach this Court individually. In the light of the aforesaid decision of the learned Single Judge 4/6

of this Court in Bharathidasan University Backward Class and Most Backward Class Employees Association (cited supra) and the Division Bench judgment cited supra, the writ petition which pertains to service matter, is not maintainable.

4. In the light of the above, this Court has to fully satisfied that the present writ petition cannot be entertained and therefore, the present writ petition is not maintainable and deserves dismissal.

5. In the result, this writ petition stands dismissed. No costs. This order will not come in the way of the members of association to get their grievance addressed to take appropriate steps in accordance with law. Consequently, connected Miscellaneous Petition is closed. 10/6/2025 mvs.

Index: Yes/No 5/6

MUMMINENI SUDHEER KUMAR,J mvs.

To

1. The Chief Engineer - Personnel Tamil Nadu Electricity Board Administrative Branch Chennai 600 002.

2. The Superintendent Engineer TANGED Corporation Dharmapuri Region Dharmapuri.

10/6/2025 6/6