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Madras High CourtWP/675/2021disposed of

V.Manikandan v. The Chief Engineer/ Personnel

2022-10-13Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.734 and 736 of 2021 1.V.Manikandan 2.K.Mani 3.A.Sivasanthosh 4.P.Vijayakumar ... Petitioners Vs.

1.The Chief Engineer / Personnel, Tamil Nadu Electricity Board / TANGEDCO, 8th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

2.The Chairman, Tamil Nadu Electricity Board / TANGEDCO, 8th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

3.The Member Secretary, All India Council for Technical Education, Nelson Mandela Marg, VasantKunj, New Delhi - 110 070.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1/5

respondents to promote the petitioners to the post of Technical Assistant (Electrical) based on G.O.Ms.39 dated 30.04.2014, G.O.Ms.65 dated 02.07.2014 clarification letter dated 10.11.2014 issued by Personnel and Administrative Reforms Department, in (Per) FBTANGEDCO Proceedings No.3 (Secretariat Branch) dated 09.01.2015 of the respondents' Corporation and Circular dated 25.11.2020 in F.No.AICTE/P&AP/IGNOU/Misc./2020 issued by the 3rd respondent for internal selection in the available vacancies of the respondents' board on par with their Juniors w.e.f. 02.02.2019 with all service and monetary benefits within the time limit fixed by this Court. For Petitioners :

Mr.L.Chandrakumar for M/s.R.R.Mohana Raja For Respondents :

Mr.P.Subramanian Standing Counsel for R1 and R2 Mr.B.Rabu Manohar for R3

ORDER

It is now brought to the notice of this Court by the learned Standing Counsel appearing for the respondents that the prayer sought for in this Writ Petition has been achieved by the petitioners in view of the fact that by proceedings dated 13.12.2021, the petitioners have been promoted. However, the learned counsel for the petitioners would submit that despite the said promotion, the seniority has not been fixed by the respondents. 2/5

2. No prejudice would be caused to the respondents if the petitioners are allowed to give representation to the respondents to fix their seniority and consequential benefits in terms of the proceedings dated 13.12.2021 of the respondents under which the petitioners were promoted.

3. Since the petitioners have already been promoted by proceedings of the respondents dated 13.12.2021, this Writ Petition is disposed of. However, liberty is granted to the petitioners to submit their representation to the respondents requesting them to fix their seniority and consequential benefits and on receipt of such representation the respondents shall consider the same on merits and in accordance with law.

4. With the aforementioned directions, this Writ Petition is disposed of. No Costs. Consequently, connected Writ Miscellaneous Petitions are closed.

13.10.2022 Index : Yes/No Speaking Order : Yes / No ab 3/5

To 1.The Chief Engineer / Personnel, Tamil Nadu Electricity Board / TANGEDCO, 8th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

2.The Chairman, Tamil Nadu Electricity Board / TANGEDCO, 8th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

3.The Member Secretary, All India Council for Technical Education, Nelson Mandela Marg, VasantKunj, New Delhi - 110 070.

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ABDUL QUDDHOSE. J., ab 13.10.2022 (1/3) 5/5