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Madras High CourtWP/34854/2019disposed of

M.Rajarathinam v. The Tamil Nadu Generation And

2019-12-17Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.34854 of 2019 and W.M.P Nos.35619, 35626 &35629 of 2019

1. M.Rajarathinam

2. D.Gopinath

3. S.Parvathinathan Petitioners vs.

1. The Tamil Nadu Generation and Distribution Corporation Limited, Represented by its Chairman, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer/Personnel, The Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in Memo No.093166/375/G.1(1)/2018-19 dated 20.09.2019, quash the same and direct the official respondents herein to promote the petitioners to the post of Executive Engineer/Electrical by including the name of the petitioners in the panel for the post of Assistant Executive Engineer/Electrical after calling for a fresh panel of Assistant Executive Engineers/Electrical having a cutoff date 05.08.2019.

For Petitioners: Mr.Sundar Narayan For Respondents: Mr.Karthik Rajan Senior Standing Counsel

O R D E R

This writ petition has been filed challenging the memo dated 20.09.2019 which is the panel that was prepared by the respondents for promotion to the post of Assistant Executive Engineer / Electrical and for a consequential direction to include the name of the petitioners in the panel. 2.The case of the petitioners is that the promotion panel is prepared every year and the crucial date is fixed as the 5th of August of every calender year. According to the petitioners, the panel was prepared in the year 2018 by proceedings dated 03.12.2018 based on the crucial date, on 05.08.2018 which contained the names of 490 Assistant Engineers/Electrical and 180 Junior Engineers (Electrical) Grade I. The petitioners were not entitled to be considered during this period since, they were suffering a punishment that was imposed against them. 3.

The grievance of the petitioners is that the Board by impugned proceedings dated 20.09.2019 has prepared an additional panel for filling up the existing and anticipated vacancies of Assistant Executive Engineer/Electrical containing the names of 142 Assistant Engineers/Electrical and 90 Junior Engineers/Electrical Grade I by fixing the crucial date as 05.08.2018. According to the petitioners, the crucial date ought to have been 05.08.2019 and because of the impugned proceedings, the petitioners will not be again considered for promotion since as on the crucial date viz., 05.08.2018, the petitioners were facing a punishment. Therefore, the petitioners have approached this Court on the ground that the Board has fixed a wrong crucial date viz., 05.08.2018 instead of 05.08.2019. 4.Heard Mr.

Sundar Narayan, learned counsel appearing on behalf of the petitioners and Mr.Karthik Rajan, learned Senior Standing Counsel appearing on behalf of the respondents. 5.The grievance of the petitioners seems to be the fact that they are aggrieved by the crucial date that has been fixed by the Board while publishing the panel by its proceeding dated 20.09.2019. The impugned proceeding is given a nomenclature of additional panel and whereas the grievance of the petitioners is that it is a panel that is prepared for the year 2019 and therefore, the crucial date must be 05.08.2019 and not 05.08.2018. This is an issue which can be decided by the respondents by considering the representation that have been made by the petitioners.

6.Taking into consideration the facts and circumstances of the case and the grievance that has been expressed by the

petitioners, there shall be a direction to the 2nd respondent to take into consideration the representation made by the petitioners on 23.09.2019 and 25.09.2019 and deal with the same strictly in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of copy of this order. The petitioners are directed to make a fresh representation to the 2nd respondent along with the representations dated 23.09.2019 and 25.09.2019 and also a copy of this order.

7.This writ petition is disposed of with the above directions. Consequently, connected miscellaneous petitions are closed. No Costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ssr To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer/Personnel, The Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr. Sundar Narayan, Advocate sr 105004 +1 CC to Mr.Karthik Rajan, Advocate sr 104812. W.P No.34854 of 2019 and W.M.P Nos.35619, 35626 &35629 of 2019 LN(CO) SP(27/12/2019)