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Madras High CourtWP/7600/2014dismissed

N.Rajendran v. The Chairman,

2022-06-09Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09-06-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.7600 of 2014 And MP No.2 of 2014 N.Rajendran .. Petitioner vs.

1.The Tamil Nadu Generation and Distribution Corporation Limited, Represented by its Chairman, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel), Corporation Limited, 144, Anna Salai, Chennai - 600 002.

3.The Selection Committee, O/o.The Superintending Engineer, Tanjore, ED Circle, Corporation Ltd., No.1, Vallam Road, Thanjavur - 613 001.

4.The Special Commissioner/Employment and Training, No.56, Santhome High Road, Kuil Thottam, Chennai - 600 004.

5.The District Employment Officer, Nagapattinam District, Nagapattinam.

6.B.Kanagavalli 7.E.Manimozhi

8.Samivel 9.E.Gayathri 10.Ragupathy 11.Tamil Selvan ..Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the Selection List for the post of Technical Assistant (EEE) for the year 2013-2014 issued by the respondents 1 and 2 dated 24.02.2014 and quash the same in so far as the selection related to the respondents 6 to 11 in Serial Nos.1, 26, 226, 326, 426 and 726 are concerned and consequently direct the respondents 1 to 5 to select the petitioner as Technical Assistant (EEE). For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.P.Subramanian, Standing Counsel for TANGEDCO.

O R D E R

The selection list for appointment to the post of Technical Assistant (EEE) for the year 2013-2014 issued by the respondents 1 and 2 on 24.02.2014, is sought to be quashed in the present writ petition.

2. The petitioner states that he is the Diploma Holder in Electrical and Electronics Engineering and fully qualified for appointment to the post of Technical Assistant in the respondent-TANGEDCO. The name of the petitioner was sponsored through the District Employment Exchange and accordingly he participated in the process of selection. Though the petitioner is senior in employment seniority as well as in age, he was not selected and appointed.

3. The learned counsel for the petitioner made a submission that the persons who were juniors in employment seniority and younger to petitioner, were selected and appointed. Thus the petitioner has chosen to challenge the selection list.

4. The learned Standing Counsel appearing on behalf of the TANGEDCO, relying on the counter statement, made a submission that the petitioner had secured only 54.94 marks and the actual cut off marks for the post of ST (Non-priority) EEE was 73.74. Thus the petitioner had not reached the zone of

consideration and thus he was not selected. In this regard, it is relevant to extract paragraph-14 of the counter-affidavit filed by the respondents 1 and 2, which reads as under:- "14. I respectfully submit that during the year 2013, the cut off marks for the post of Technical Assistant/Electrical in respect of ST (Non-priority) EEE in 73.74 whereas the petitioner has secured only 54.94 as detailed below. Hence he has not reached the zone of selection.

1. Qualifying examination mark (i) For 100% = 58.75 (ii) For 85% = 49.94

2. For viva voce interview 15% = 5.00 --------------- 54.94 --------------"

5. In view of the fact that the petitioner had secured lesser marks than that of the cut off marks, he was not within the zone. Thus the relief, as such, sought for in the present writ petition deserves no merit consideration.

6. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Svn To 1.The Chairman, Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel), Corporation Limited, 144, Anna Salai, Chennai - 600 002.

3.The Selection Committee, O/o.The Superintending Engineer, Tanjore, ED Circle, Corporation Ltd., No.1, Vallam Road, Thanjavur - 613 001.

4.The Special Commissioner/Employment and Training, No.56, Santhome High Road, Kuil Thottam, Chennai - 600 004.

5.The District Employment Officer, Nagapattinam District, Nagapattinam.

+1cc to Mr.CKM.Appaji, Advocate, S.R.No.33667 +1cc to Mr.P.Subramanian, Advocate, S.R.No.34113 WP 7600 of 2014 NK(CO) SB(17/06/2022)