V.Sivakumar v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.01.2016
CORAM
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P. No.27149 of 2013 1.V.Sivakumar 2.K.Murugesan 3.R.Uthirapathy 4.A.Senthilmurugan 5.R.Sivanesan 6.A.Senthil Kumar .. Petitioners Vs.
1.The Chairman, Tamil Nadu Electricity Board [TNEB], No.144, Anna Salai, Chennai - 600 002.
2.The Special Commissioner, Employment and Training, Guindy, Chennai - 600 032.
3.The Chief Engineer / Personnel, Tamil Nadu Electricity Board [TNEB], No.144, Snna Salai, Chennai - 600 002. .. Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct a separate selection process by earmarking a separate quota for the candidates sponsored through the employment exchanges on the basis of seniority in registration and include the marks obtained by the petitioners in the 5th and 6th semester of Diploma Education instead of marks obtained in the 3, 4, 5 and 6th semester of the Diploma Education and also to conduct the selection process in the overall ratio of 1:5 as stipulated in G.O.[Ms.]No.18, Labour and Employment [N2] Department, dated 25.02.2008 in the forthcoming selection process to be conducted by the respondents during the year 2013 for the post in Technical Assistants in Tamil Nadu Electricity Board. For Petitioners : Mr.T.P.Prabakaran For Respondent Nos.1 & 3 : Mr.P.Gunasekaran for TNEB
O R D E R
Today, the Writ Petition is posted for hearing at the request of the learned counsel appearing for the petitioners. 2.It appears that in the cause list, this Writ Petition was included along with connected Writ Petitions viz. W.P.No.15936 of 2013 etc. batch. Since the bundle was not available when the batch of cases were disposed of on 05.01.2015, this Writ Petition was not cautiously included in the batch. However, since it was listed in the cause list, a wrong entry seems to have been made by oversight as if this case was also disposed of along with the batch of Writ Petitions in W.P.No.15936 of 2013 etc. batch. The said mistake was brought to the notice of this Court by the learned counsel appearing for the petitioners and therefore, this Writ Petition is posted today. 3.The above said batch of Writ Petitions were disposed of by observing as under:
"Accordingly, all these writ petitions are dismissed. However, considering the facts and circumstances of the case, the following directions are issued: "1.The respondents are directed to issue a detailed notification indicating the number of posts, qualification required, method of selection, rule of reservation and any other selection process involved for all the future vacancies.
2.The respondents are directed to verify the documents produced by all the selected candidates including the check list and in case of any discrepancy, to take appropriate action against such of the selected candidates including Mr.Karthik Nivas after affording an opportunity of being heard. 3.The respondents are also directed to verify the age of those selected candidates as on the last date of receipt of applications and if they are found to be minors, appropriate action will have to be taken by following due procedure.
4.The entire exercise will have to be done by the respondents within a period of two months from the date of receipt of copy of this order."
4.As the petitioners in this Writ Petition are also similarly placed as that of the petitioners in those Writ Petitions, this Writ Petition also stands disposed on the same
terms. It is needless to state that the respondents shall carry out the directions issued by this Court in the batch of Writ Petitions in respect of these petitioners also. No costs. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar sri To 1.The Chairman, Tamil Nadu Electricity Board [TNEB], No.144, Anna Salai, Chennai - 600 002.
2.The Special Commissioner, Employment and Training, Guindy, Chennai - 600 032.
3.The Chief Engineer / Personnel, Tamil Nadu Electricity Board [TNEB], No.144, Snna Salai, Chennai - 600 002.
1 cc to Mr.T.P. Prabakaran, Advocate, Sr. 1965 W.P. No.27149 of 2013 JSV (CO) kk 18/1