D.Sakthivel v. The Chairman Cum Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.28094, 28095, 28097 & 28099 of 2024 D.Sakthivel S/o.Dhanapal ... Petitioner in W.P.No.25710 of 2024 S.Ramar S/o.A.Sundarraj ... Petitioner in W.P.No.25716 of 2024 Vs.
1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer, Personnel (FAC), Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Thiruvannamalai - 606 604.
... Respondents in both W.Ps.
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Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records made in the impugned letter made in Letter No.020454/50/G.32/G321/2022-4 dated 06.08.2024 issued by the second respondent and quash the same as illegal, arbitrary and without jurisdiction and consequently, direct the respondents 2 and 3 not to alter the LI/CI Inter se seniority list as on 31.08.2021 annexed to the memo made in Ku.Aa.No.5656/Ni.Pi2/Vu.1/Ko.Mi.Aa/Va.Aa Combined list/22 dated 01.03.2022 issued by the third respondent. For Petitioners : Mr.G.Anandakumar [in both W.Ps.] For Respondents : Mr.K.Rajkumar [in both W.Ps.] Standing Counsel ***** COMMON ORDER These writ petitions have been filed challenging the impugned letter dated 06.08.2024 issued by the second respondent on the ground that the second respondent has fixed the seniority in violation of the Board Memo dated 05.02.2018 and for a consequential direction to respondents 2 and 3 not to alter the inter se seniority list as on 31.08.2021.
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2. Heard Mr.G.Anandakumar, learned counsel for petitioners and Mr.K.Rajkumar, learned Standing Counsel appearing for respondents.
3. The case of the petitioners is that the workmen ranked in the first year's C1 and L1 panel should be considered for fixation of inter se seniority in the first instance and such inter se seniority within that year's panel would be based on Helper Seniority.
4. The grievance of the petitioners is that the second respondent issued the impugned instructions dated 06.08.2024 and according to petitioners, the second respondent had directed fixation of inter se seniority of 31 Line Inspectors/Commercial Inspectors those who were promoted as per the selection list dated 28.12.2015 by fixing the crucial date as October 2015 below the Commercial Inspectors those who were promoted as per the selection list dated 31.03.2015 by fixing the crucial date as October 2014. According to petitioners, this instruction given by the second respondent is not in line with the Board Memo dated 05.02.2018. Aggrieved by the same, these writ petitions have been filed before this Court.
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5. Learned Standing Counsel appearing on behalf of the respondents produced the written instructions.
6. In the considered view of this Court, the pointed grievance expressed by the petitioners is that the impugned letter dated 06.08.2024 issued by the second respondent is not in accordance with Board Memo dated 05.02.2018. Objections were made by petitioners in this regard immediately after the impugned letter was affixed in the notice board of the third respondent. Hence, this objection made by petitioners must be considered before proceeding further with the letter issued by the second respondent dated 06.08.2024.
7. In view of the above, the second respondent is directed to deal with the objections submitted by petitioners on 08.08.2024 and convey the decision to the petitioners within a period of 15 days from the date of receipt of a copy of this order. Till the decision is conveyed to the petitioners within the time frame fixed by this Court, the proceedings/letter dated 06.08.2024 shall be kept in abeyance. 4/6
These writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. 03.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer, Personnel (FAC), Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Thiruvannamalai - 606 604.
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N.ANAND VENKATESH, J gm 03.09.2024 6/6