T.Kokila, v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No. 29826 of 2019 and WMP.Nos. 29721, 29731 & 29734 of 2019 T.Kokila, Assistant Engineer, Operation & Maintenance / Linemedu, Tamilnadu Generation and Distribution Corporation limited, Salem Electricity Distribution Circle, Salem District.
...
Petitioner Vs.
1. The Chairman, Tamilnadu Generation and Distribution Corporation limited, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600002.
2. The Chief Engineer (Personnel), Tamilnadu Generation and Distribution Corporation limited, 8th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600002.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of 1/6
the impugned proceedings in Letter.No.093166/375/G-1/G.11/2018-24 dated 20.09.2019 issued by the 2nd respondent and quash the same and consequently to direct the 2nd respondents to prepare the panel for promotion to the post of AEE / Electrical from AE's / Electrical & JE's / Electrical 1st grade and CHD based on the crucial date of 05.08.2019and pass such further or other orders For Petitioner : M/S.R.Rajarajan For Respondents : Mr.K.Rajkumar, Standing counsel for TNEB : No appearance for R4
ORDER
The petitioner has filed this writ petition to call for the proceedings of the 2nd respondent dated 29.09.2019 in Letter No.093166/375/G1/G.11/2018-24, and consequently direct the 2nd respondent to compare the panel for promotion to the post of AEE / Electrical from AE's / Electrical & JE's / Electrical 1st grade and CHD, based on the crucial date of 05.08.2019.
2. Heard Mr. R.Rajarajan, learned counsel for the petitioner, Mr.K.Rajkumar, learned standing counsel for the respondents and perused 2/6
the materials available on record.
3.The learned counsel for the respondent submitted that a coordinate bench has passed an order in a similar relief claimed by the petitioner in WP.8803/2020, and hence, this petition becomes infructuous. 4.However, the learned counsel for the petitioner submitted that the scope of this writ petition is for a larger relief by challenging the very panel and not the inclusion of the petitioner's name in the panel, and hence the cause of action still survives.
5. But on perusal of the order dated 19.02.2020 made in WP.No.8803/2020, it is seen that the learned standing counsel for the respondent had given an undertaking that the petitioner's name would be included in the panel for the year 2019-2020, for which the crucial date was 05.08.2019. In the said order, this Court has further observed that the panel for the year 2018-2019 was drawn and it had a crucial date as 05.08.2018. There was a currency of punishment, and the delay in drawing the next panel for the year 2019-2020 also got delayed due to the pandemic. The 3/6
additional panel was issued on 15.02.2020 and operated with reference to the earlier crucial date 05.08.2015, for which the petitioner is not entitled to be considered.
6. For the sake of clarity, the relevant paragraph of the above judgment is extracted hereunder:
"10. At this juncture, it is to be noted that the panel for the year 2019-2020, would not be considered immediately due to the covid pandemic and vide proceedings dated 25.01.2021, the petitioner's name was considered at Sl. No.
14. Further, the learned counsel appearing for the respondents would submit that the petitioner's name will be considered for drawing panel for the crucial date, A viz., 05.08.2019.
11. Considering the above said facts and circumstances of the case and taking note of the fact that when the panel 20182019 was drawn fixing the crucial date as 05.08.2018, the petitioner was suffering from punishment and due to corona pandemic situation prevailing in the country, there was a delay in drawing the panel during the year 2019-2020 and taking note of the fact that the additional panel was issued on 15.02.2020 and operated with reference to the earlier crucial date, i.e., 05.08.2018, the petitioner's claim cannot be considered"
7. As undertaken by the learned standing counsel for the respondent, it appears that the proceedings dated 13.05.2020 have also been issued by 4/6
including the petitioner's name for promotion to the post of Assistant Executive Engineer by including her in the promotion panel for the year 2019-2020, based on the crucial date 05.08.2019, and subsequently, a promotion order has also been issued on 25.01.2021.
8. In view of the same, I find nothing to be considered further in this writ petition. Hence, the writ petition is closed. No costs. Consequently, the connected miscellaneous petitions are also closed. 17.04.2025 Index: Yes/No Internet: Yes/No Speaking /Non-speaking order jrs 5/6
R.N.MANJULA, J.
jrs To
1. The Chairman, Tamilnadu Generation and Distribution Corporation limited, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600002.
2. The Chief Engineer (Personnel), Tamilnadu Generation and Distribution Corporation limited, 8th Floor, NPKRR Maligai, 144, Anna Salai, Chennai-600002.
W.P. No. 29826 of 2019 and WMP.Nos. 29721, 29731 & 29734 of 2019 17.04.2025 6/6