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Madras High CourtWP/34844/2003closed

Tamilnadu Graduate Engineers v. 1.The Tamilnadu Electricity

2017-09-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.34844 of 2003 and W.P.M.P.No.42351 of 2003 Tamil Nadu Graduate Engineers Association rep.by T.Sivakumar, No.14, Bishop Lane, Purasawalkam, Chennai-600 007.

.. Petitioner Vs 1.The Tamil Nadu Electricity Board rep.by its Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.

2.The Tamil Nadu Electricity Board, rep.by its Secretary, 800, Anna Salai, Chennai-600 002.

3.The Chief Engineer / Personnel, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.

4.The General Secretary, TNEB Engineers' Association, 793, Anna Salai, Chennai-600 002.

5.TNEB Engineers Sangam rep.by its General Secretary V.Ashok Kumar.

(R-5 impleaded as per the order of this Court dated 18.12.2003 in W.P.M.P.No.43777/2003). .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the concerned records of the proceedings of the third respondent Board, viz. Letter No.071976/262/G55/G551/20031 dated 09.07.2003 and quash the same and direct the respondents 1 to 3 to fill up the vacancies in the category of Assistant Engineers by Direct Recruitment based on the performance in the

common written examination among the unemployed graduate engineers sponsored by the Employment Exchange and in-service personnel through a Single Window System duly observing the Rule of Reservation.

For Petitioner : Ms.T.Rama For Respondents: Mr.V.Radhakrishnan for R1 to R3 Mr.R.Santhanam for R4 Mr.R.Yashod Vardhan, Sr.Counsel for Mr.C.Gautam Chandrasekar for R5

ORDER

This writ petition has been filed by the Tamil Nadu Graduate Engineers Association to quash the order of the third respondent Board, viz.

Letter No.071976/262/G55/G551/2003-1 dated 09.07.2003 and to direct the respondents 1 to 3 to fill up the vacancies in the category of Assistant Engineers by Direct Recruitment based on the performance in the common written examination among the unemployed graduate engineers sponsored by the Employment Exchange and in-service personnel through a Single Window System duly observing the Rule of Reservation. 2.The petitioner Sangam earlier filed W.A.Nos.1176 and 2044 of 2000 and W.P.Nos.34843 of 2003, 1846 of 2004, 33479 of 2005 and 8534 of 2006. In W.P.Nos.34843 of 2003, 1846 of 2004, 33479 of 2005 and 8534 of 2006, they challenged the order of the third respondent herein in Memo No.021295/170/G1/G12/2003-04 dated 06.11.2003. The prayer in those writ petitions and the present writ petition are similar in nature. This Court on 26.02.

2015 passed the following order in the writ petitions stated supra: "In Writ Petition No.34843 of 2003, the challenge is to the notification inviting applications for internal selection to the post of Assistant Engineers / Electrical during the pendency of the appeals without any opportunity to the graduate engineers for appointment through direct recruitment. In view of the directions issued above in the writ appeals, there is no necessity to pass separate orders in this writ petition. Hence the writ petition is closed. No costs."

3.In view the above order passed, the same will bind the petitioner herein also. Hence the writ petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Electricity Board 800, Anna Salai, Chennai-600 002.

2.The Secretary, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.

3.The Chief Engineer / Personnel, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.

+1cc to Mr.R.Varalakshmi, Advocate sr.65208 W.P.No.34844 of 2003 and W.P.M.P.No.42351 of 2003 ss(9/10/2017)