The Chief Engineer v. A.C.Selvamani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04-02-2021 Coram:
The Honourable Mr. Justice R. Subbiah and The Honourable Mr. Justice Sathi Kumar Sukumara Kurup Writ Appeal No. 3884 of 2019 and Writ Petition No. 14337 of 2020 --- Writ Appeal No. 3884 of 2019
1. The Chief Engineer/Personnel Tamil Nadu Electricity Board/TANGEDCO 8th Floor, NPKRR Maaligai TNEB Complex, 144, Anna Salai Chennai - 600 002
2. The Chairman Tamil Nadu Electricity Board/TANGEDCO 8th Floor, NPKRR Maaligai TNEB Complex, 144, Anna Salai Chennai - 600 002 .. Appellants/Respondents
Versus
1.
A.C. Selvamani Wire Man Office of Assistant Engineer MPT/Lab/CEDC Chennai Central Nandhanam, Chennai - 35 2.
R. Velmurugan Field Assistant Office of the Assistant Engineer Maintenance 230 KV Sub Station Ponnapuram, Salem - 636 106 3.
A. Vasudevan Office of Assistant Executive Engineering Operation and Maintenance/East Namagiripettai, Namakkal Circle Namakkal
4.
M. Radhakrishnan Commercial Assistant Office of Assistant Engineer Jalagandapuram/North Mettur Distribution Circle Mettur, Salem 5.
P. Ponnusamy Operation and Maintenance/Moore Palayam Tiruchengode, Namakkal Circle Namakkal 6.
S. Jothi Field Assistant Office of Assistant Engineer Operation and Maintenance/Rural North Cuddalore OT, Cuddalore 7.
M. Thentamil Commercial Assistant Office of Assistant Engineer Operation and Maintenance/ Jalagandapuram South Mettur Distribution Circle Mettur, Salem 8.
S. Chitradevi Commercial Assistant Office of Junior Engineer Operation and Maintenance/Kadampatty II Mettur EDC 9.
A. Kannan Commercial Assistant Office of Assistant Engineer Operation and Maintenance/ Tiruchengode Central Namakkal EDC, Namakkal 10.
A. Sridhar Commercial Assistant Office of Junior Engineer Operation and Maintenance/Gobi North Gobi EDC
11. N. Kumaravel Commercial Assistant Office of Junior Engineer Nambiyur 110KV Sub Station Gobi EDC
12. R. Raja Commercial Assistant Office of Assistant Engineer Operation and Maintenance/Chitoor Mettur EDC
13. S. Kalaiselvi Commercial Assistant Office of Assistant Engineer Operation and Maintenance/ Tiruchengode North Namakkal EDC
14. C. Lavanya Office of Assistant Engineer Operation and Maintenance/Kannankurichi Salem EDC, Salem
15. S. Thahir Basha Field Assistant Office of Assistant Engineer Operation and Maintenance/Kadaperi Chennai South II EDC 16.
T. Rajathi Commercial Assistant Office of Assistant Engineer Operation and Maintenance/Vandavasi Mettur EDC/Mettur Dam-1 17.
G. Srineevasan Assessor Office of Assistant Engineer Operation and Maintenance/Vishnu Kanghi Kanchipuram EDC
18. The All India Council for Technical Education (AICTE) Southern Regional Office Shastri Bhavan No.26, Haddows Road, Nungambakkam Chennai - 600 006
(18th respondent impleaded as per order dated 04.12.2019 made in CMP No. 25628 of 2019 in WA No. 3884 of 2019) .. Respondents /Petitioner WP No. 14337 of 2020 1.
Shirajudeen Son of S. Ismail Office of Assistant Engineer/Town/Bodi Theni EDC 2.
K. Sivakumar Son of Kanniappa Mudhaliar Office of Executive Engineer/Distn/Theni Division Theni EDC 3.
S. Muppidathi Son of N. Subramanian Commercial Assistant Office of Assistant Engineer/Rural/Sankarankovil Sankarankovil Division Tirunelveli EDC 4.
K. Dhanasekar Son of Kasi Wireman Office of Junior Engineer/O&M/Kathiyavadi /Arcot Division/Vellore Circle .. Petitioners
Versus
1. The Chief Engineer/Personnel Tamil Nadu Electricity Board/TANGEDCO 8th Floor, NPKRR Maaligai TNEB Complex, 144, Anna Salai Chennai - 600 002
2. The Chairman Tamil Nadu Electricity Board/TANGEDCO 8th Floor, NPKRR Maaligai TNEB Complex, 144, Anna Salai Chennai - 600 002 .. Appellants Writ Appeal No. 3884 of 2019 filed under Clause 15 of Letters Patent against the Order dated 14.03.2019 passed in WP No. 11609 of 2017 on the file of this Court.
WP.No.11609 of 2017:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or order of direction or any other Writ in the nature Writ of Mandamus to promote petitioners to the post of Technical Assistant (Electrical) for internal selections under available vacancies of the respondents corporation on par with their juniors w.e.f. 22.9.2016 with all service and monetary benefits within the time limit fixed by this Honourable court.
WP No. 14337 of 2017 filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus as stated therein.
WP.No.14337 of 2017:Writ of Mandamus for direction,directing the respondents to promote the petitioners retrospectively to the post of Technical Assistant (Electrical) and further promotions for internal Selection under available vacancies of the respondent's corporaton on par with their Juniors w.e.f 22.09.2016 with all service and monetary benefits within the time limit fixed by this Hon'ble court.
WA No. 3884 of 2019 For Appellants :
Mr. Anand Gopalan for M/s.T.S.Gopalan & Co For Respondents :
Mr. M. Vijaya Kumar for RR1 to 17 Mr. B. Rabu Manohar for R18 WP No. 14337 of 2020 For Petitioners :
Mr. M. Vijayakumar For Respondents :
Mr. Anand Gopalan for M/s. T.S. Gopalan COMMON JUDGMENT Judgment of the Court was delivered by R. Subbiah, J The Writ Appeal has been filed by the Tamil Nadu Electricity Board as against the order passed by the learned single Judge on 14.03.2019 allowing the writ petition No. 11609 of 2017 filed by the respondents 1 to 17/writ petitioners, who are employees of the Tamil Nadu Electricity Board working in various posts. The writ petition No. 11609 of 2017 was filed for a Mandamus to direct the respondents therein to promote the writ petitioners to the post of Technical Assistant (Electrical) for internal selections under available vacancies of the respondents corporation on par with their juniors with effect from 22.09.2016 with all service and monetary benefits within a time limit to be specified by the Court.
2.
WP No. 14337 of 2020 has been filed by the petitioners seeking to issue a Writ of Mandamus directing the respondents to promote the petitioners retrospectively to the post of Technical Assistant (Electrical) and further promotions for internal selection under available vacancies of the respondents' corporation on par with their juniors w.e.f. 22.09.2016 with all service and monetary benefits within the time limit fixed by this Court.
3.
Since the issues involved in W.A. No. 3884 of 2019 is identical and connected with the issues involved in the writ petition No. 14337 of 2020, WP No. 14337 of 2020 was also directed to be posted along with the Writ Appeal No. 3884 of 2019 for disposal.
4.
The claim of the writ petitioners in WP No. 11609 of 2017 as also WP No. 14337 of 2020 is that they are Diploma holders of vertically integrated Engineering programme conferred by Indira Gandhi National Open University. Based on such qualification, the writ petitioners sought for promotion to the post of Technical Assistant (Electrical). Originally, their claim was not accepted because the Diploma obtained by them was not recognised by All India Council for Technical Education. According to the writ petitioners, in similar and identical matter before the Honourable Supreme Court, in the case of Mukul Kumar Sharma and others vs. All India Council for Technical Education and others passed in WP (C) No. 382 of 2018 dated 30.07.2018, The All India Council for Technical Education (AICTE) has stated No Objection for recognising the B.
Tech Decree/ Diploma conferred by IGNOU. Following the said decision of the Honourable Supreme Court, in the letters dated 11.12.2018 and 06.12.2019, AICTE has taken a definite stand that in view of the Judgment of Honourable Supreme Court dated 30.07.2018 in Mukul Kumar Sharma and others vs. AICTE and others, they have no objection for recognising B.Tech degree/diploma in Engineering awarded by IGNOU to the students who were enrolled upto the academic year 2009-2010 to be treated as valid as a special case and it could not be taken as a precedence.
5.
On 10.12.2019, when the above writ appeal was taken up for hearing, this Court directed AICTE to file an affidavit stating as to whether the programme undertaken by the respondents had been approved by AICTE or not and more particularly, whether the course undergone by the respondents in the year 2010-2012 was under open distance education mode or not.
6.
Pursuant to such direction, an affidavit dated 08.12.2020 has been filed by the Regional Officer, AICTE along with judgment dated 18.09.2020 of the the Honourable Supreme
Court passed in WP (C) No. 1341 of 2019 in the case of (Md. Naseem Baig and others vs. All India Council for Technical Education and others) in WP (C) No. 1341 of 2019 wherein it has been held as follows:- "Heard the learned counsel for the parties.
In the present case, the petitioners before us are diploma holders in what is called the Vertically Integrated Engineering Programme, which is one of the two distance education courses conducted by IGNOU. We had, vide order dated 11.03.2019, stated that degrees and diplomas of IGNOU in such distance education courses up to the years 2009-2010 be left undisturbed. We grant the same relief to the petitioners who will be covered in the years 2010-2011 and 2011-2012. We make it clera that since there is no distance education courses in IGNOU after these years and these are the last batches who will be granted the reliefs that were granted by our order dated 11.03.2019, as a one-time measure therefore, these batches will also be granted this relief. We allow this writ petition with no order as to costs."
7.
Today, when the writ appeal as well as writ petitions were taken up for hearing, it is stated by the learned counsel for AICTE that the said judgment applies to the case of the writ petitioners herein. It is further stated that as per the decision of the Honourable Supreme Court, AICTE recognises the decree and diploma awarded by IGNOU through distance education to the candidates who were enrolled with IGNOU upto the academic sessions 2010-2011 and 2011-2012 and no further separate order needs to be issued by AICTE.
8.
Accordingly, the appellants are directed to consider the representation of the writ petitioners in the light of the Judgment referred to above and to pass appropriate orders with regard to the claim of promotion preferably within a period of four weeks from the date of receipt of a copy of this order. The Writ Appeal as well as the writ petition are disposed of. No costs. Consequently, connected miscellaneous petition (s) are closed.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar rsh
To
1. The Chief Engineer/Personnel Tamil Nadu Electricity Board/TANGEDCO 8th Floor, NPKRR Maaligai TNEB Complex, 144, Anna Salai Chennai - 600 002
2. The Chairman Tamil Nadu Electricity Board/TANGEDCO 8th Floor, NPKRR Maaligai TNEB Complex, 144, Anna Salai Chennai - 600 002
3. The All India Council for Technical Education(AICTE) Southern regional office, Shastri Bhavan, No.26, Haddows Road Nungambakkam, Chennai-600 006 +2 ccs to M/s.T.S.Gopalan & Co Advocate sr Nos 6137 & 6138 +2 ccs to Mr.M.Vijayakumar Advocate sr nos.6519 & 6518 +1 cc to Mr.B.Rabu Manohar Advocate sr6409 WA No. 3884 of 2019 and WP No. 14337 of 2020 ln(co) aa17/03/2021