S.Mouttoucoumarasamy v. Puducherry Power Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-07-2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR WMP Nos. 33658 & 33659 of 2024 in WP NO. 19694 OF 2015
1. S.Mouttoucoumarasamy S/o.N.Shanmugavelu, No.2/5, Sri Annai Illam, Abirami West Street, T.R.Pattinam, Karaikal 609 606.
2. E.Vadavengadam S/o.V.Elumalai, B1/2, PPCL Quarters, T.R.Pattinam, Karaikal 609 606.
3. S.Parthiban S/o.Supparayan, No.11, M.K.Colony, Gandhi Salai, T.R.Pattinam, Karaikal 609 606.
4. K.Umashangar S/o.V.Kalidass, No.50, Muthusamypillai Street, Kottucherry, Karaikal 609 609.
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5. M.Kiroubanandane S/o.V.Mouniane, B 2-3, PPCL Staff Quarters, T.R.Pattinam, Karaikal 609 606.
Petitioner(s) Vs
1. Puducherry Power Corporation Ltd., Rep. by its Managing Director, No.10, 2nd Cross, Jawahar Nagar, Boomiyanpet, Puducherry-605 005.
2.The Secretary to Government (Power), Chief Secretariat Office, No.1, Beach Road, Puducherry 605 001.
3.C.Rajakumari Junior Engineer (Electrical) Puducherry Power Corporation Ltd., Nagore Main Road, T.R.Pattinam, Karaikal 609 606.
4.P.Devanathan Junior Engineer (Electrical) Puducherry Power Corporation Ltd., Nagore Main Road, T.R.Pattinam, Karaikal 609 606.
5.D.Prabhakar 2/7
Junior Engineer (Electrical), Puducherry Power Corporation Ltd., Nagore Main Road, T.R.Pattinam, Karaikal 609 606.
Respondent(s) Prayer in W.M.P.No.33658 of 2024: This Writ Miscellaneous Petition is filed to permit the petitioners to amend the prayer as to issue appropriate Writs, orders, directions in the nature of Writ of Certiorarified Mandamus, call for the records of the impugned direct recruitment notification issued in office Memo No.962/PPCL/MD /Esst./2007-2008 dated 16.07.2007 for the post of Junior Engineer (Electrical) and further proceedings of the appointment orders dated 21.11.2007, 27.11.2007 and 17.12.2007, issued to the 3 to 5 respondents, respectively, and final seniority list dated 05.06.2015 issued by the 1st respondent, and quash the same as illegal, arbitrary and violation of Recruitment Rules and consequently direct the 1st respondent to fix the seniority list for the post of the Junior Engineer (Electrical) with all benefits.
Prayer in W.M.P.No.33659 of 2024: This Writ Miscellaneous Petition is filed to dispense with production of original impugned direct recruitment notification issued in Office Memo No.962/PPCL/MD/Estt/2007-08 dated 16.07.2007 for the post of Junior Engineer (Electrical) and further proceedings of the appointment orders dated 21.11.2007, 27.11.2007 and 17.12.2007 issued to the 3 to 5 respondents, respectively and final seniority list dated 05.06.2015 issued by the first respondent.
For Petitioner(s):
Mr.R.Venkatesulu For Respondent(s):
Ms.Sharada Vivek Additional Government Pleader For R1 & R2 Ms.Kamala Kumar For R3 to R5 3/7
ORDER
These two writ miscellaneous petitions have been filed, one is to dispense with production of impugned original memo dated 16.07.2007 for the post of Junior Engineer (Electrical) and the orders dated 21.11.2007, 27.11.2007 and 17.12.2007, whereby appointment orders were issued in favour of the respondents 3 to 5, and they were appointed as Junior Engineer (Electrical) and to amend the main prayer in the writ petition by substituting the same, duly challenging the memo dated 16.07.2007 and proceedings dated 21.11.2007, 27.11.2007 and 17.12.2007 together with the final seniority list dated 05.06.2015 and to quash the same.
2. As the appointment orders that are sought to be challenged by way of seeking an amendment of the prayer is of the year 2007 and considering the fact that the petitioners herein are fully aware of the said appointment orders issued in favour of the respondents 3 to 5, appointing them as Junior Engineer (Electrical) is well within the knowledge of the petitioners herein, who were appointed as Junior Engineer (Electrical) by way of promotion on 01.12.2009 4/7
and they have been working along with the respondents 3 to 5 in the first respondent/Corporation since 2007, but have chosen to challenge the said proceedings only seeking an amendment of the prayer in the year 2024, this Court is not inclined to permit the amendment of the prayer.
3. As the relief sought for by the petitioners in this regard totally suffers from the laches by virtue of the said orders that were issued in favour of the respondents 3 to 5, they have been continuing in service for the past 18 years, any interference with the said orders at this length of time will jeopardise the interest of the respondents 3 to 5.
4. In the light of the above, this Court does not find any merit in these Miscellaneous Petitions and the same are accordingly dismissed. No costs. 15-07-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes 5/7
To
1. Puducherry Power Corporation Ltd., Rep. by its Managing Director, No.10, 2nd Cross, Jawahar Nagar, Boomiyanpet, Puducherry-605 005. 2.The Secretary to Government (Power), Chief Secretariat Office, No.1, Beach Road, Puducherry 605 001.
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MUMMINENI SUDHEER KUMAR J.
jd WMP Nos. 33658 & 33659 of 2024 IN WP NO. 19694 OF 2015 15-07-2025 7/7