R.Varadaraj v. Tamilnadu Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.2828 of 2014 1.R.Varadaraj 2.R.Duraipandian 3.A.Periyathambi 4.M.Murugan 5.R.Srinivasan 6.T.Kumar 7.P.Chandran 8.K.Murugesan 9.N.Elango 10.K.Suresh 11.I.Subramanaiam

...Petitioners

vs.

1. Tamil Nadu Electricity Generation Rep.by its Board of Directors,

2. The Chief Engineer(Personnel) ... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration, declaring the action of the respondents in inviting application and trying to fill the 4000 post of Helper by direct recruitment without promoting the qualified Mazdoors as illegal and consequently direct the respondents to promote the petitioners to the post of Helper in accordance with Per.B.P.(F.B.).No.45, Administrative Branch dated 06.09.2007 and which have been implemented partiallly in respect of Mazdoors working in the Distribution Circle, General Construction Circle and Wind Energy Development Circle through (Per.)FB.TANGEDCO Proceedings No.9,

Administrative Branch, dated 23.05.2012, within the time frame stipulated by this Court and consequently, direct the respondents to promote the petitioners to the post of Helper in accordance with Per.B.P.(F.B).No.45, Administrative Branch dated 06.09.2007 and which have been implemented partially in respect of Mazdoors working in the Distribution Circle, General Construction Circle and Wind Energy Development Circle through (Per.)FB. TANGEDCO Proceedings No.9, Administrative Branch, dated 23.05.2012, within the time frame stipulated by this Court.

For Petitioner : M/s.Balan Haridas For Respondents : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

ORDER

The learned counsel appearing on behalf of the respondent/Tamil Nadu Electricity Board made a submission that the writ petitioners are already working as permanent Mazdoor employee in the Electricity Board.

2. In view of the fact that all these writ petitioners are already in employment, no further adjudication needs to be entertained in respect of the grounds raised in the present writ petition. However, if any, grievance exist for the writ petitioners, including their promotions, they are at liberty to approach the competent authority for the purpose of redressing their grievances.

3. With these observations, the writ petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Board of Directors,

2. The Chief Engineer(Personnel) +1 cc to M/s.Balan Haridas,Advocate Sr.No. 80364 +1 cc to M/s.T.S.Gopalan & Co., Advocate Sr.No.80419 AKM/25.10.19/3p-5C / AKM/20.11.19 W.P.No.2828 of 2014