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Madras High CourtWP/28760/2019disposed of

D.N.Shanmugam v. The Chairman,

2019-10-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.10.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28760 of 2019 D.N.Shanmugam ..Petitioner vs 1.The Chairman Tamil Nadu Electricity General and Distribution Corporation Ltd., No.144, Annasalai Chennai-600 002.

2.The Chief Engineer Tamil Nadu Electricity Generation and Distribution Corporation Ltd., No.144, Annasalai Chennai-600 002.

3.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Dharmapuri District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representations dated 01.03.2019 and 09.05.2019 and thereby direct the respondents to grant promotion to the petitioner as Second Grade Junior Engineer in pursuant to the proceedings of the 3rd respondent in Ka.No.6259/Ni.i.1/Uo.4/Ko.Promotion/2018 dated 20.02.2018 and Ka.No.2415/Ni.i.1/Uo.4/Ko.Promotion/2019 dated 18.05.2019.

For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.Fakkir Mohideen

O R D E R

Writ Petition is filed for issuance of a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representations dated 01.03.2019 and 09.05.2019 and thereby direct the respondents to grant promotion to the petitioner as Second Grade Junior Engineer in pursuant to the proceedings of the 3rd respondent in Ka.No.6259/Ni.i.1/Uo.4/Ko.Promotion/2018 dated 20.02.2018 and Ka.No.2415/Ni.i.1/Uo.4/Ko.Promotion/2019 dated 18.05.2019.

2. Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents. By consent, the writ petition is taken up for final disposal.

3. The case of the petitioner is that he joined service as Helper in the respondents Department on 22.04.1987. The petitioner's name was entered in the service records through the proceedings of the 3rd respondent dated 08.04.1988. Thereafter, the petitioner was promoted on 27.03.1991 as Commercial Assistant and now he is working as a Special Grade Foreman under the 3rd respondent. In the year 2001, the respondents Department prepared seniority list for the post of Line Inspector/Commercial Inspector. However, in the said list, petitioner's name was not included and his juniors names were included. Hence, the petitioner filed an appeal and his promotion has also given with effect from 30.12.1999 as Commercial Inspector. In the year 2017, the respondents have prepared stability list. However, the petitioner's name was not included.

Therefore, the petitioner has made a representation to the respondents on 27.12.2017 to include his name in the stability list. On 26.04.2018, the respondents prepared and published the seniority list for the post of Second Grade Junior Engineer. In the said list also, the petitioner's name was not found. Therefore, the petitioner has made a representation dated 01.03.2019 to the respondents. He has also sent another representation dated 09.05.2019. Thereafter, the same were forwarded to the 2nd respondent on 18.05.2019. The petitioner has also sent a reminder to the respondents. However, the petitioner's representations were not considered by the respondents till date. Hence this writ petition.

4. Learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations and pass appropriate orders within the reasonable time.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court hereby directs the respondents to consider the petitioner's representations dated 01.03.2019 and 09.05.2019 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(J) //True copy// Sub Assistant Registrar kj To 1.The Chairman Tamil Nadu Electricity General and Distribution Corporation Ltd., No.144, Annasalai Chennai-600 002.

2.The Chief Engineer Tamil Nadu Electricity Generation and Distribution Corporation Ltd., No.144, Annasalai Chennai-600 002.

3.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Ltd., Dharmapuri District.

+1cc to Mr.B.Gopalakrishnan, Advocate SR.No.83811 W.P.No.28760 of 2019 GMY(23/10/2019)