C. Mariappan v. Tamilnadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU 1.C.Mariappan 2.A.Mathaiyan 3.K.Karuppanan 4.C.Sunderavelu 5.P.Prasad 6.A.Subramani ... Petitioners Vs 1.Tamil Nadu Generation and Represented by its Chief Engineer, No.144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Distribution).

Erode Region, EVN Salai, Erode.

3.The Superintending Engineer, Mettur Electricity Distribution Circle, Page No: 1/7

Mettur Dam-1, Salem District.

4.The Executive Engineer (O&M) Mettur Division, Mettur Dam-1, Salem District.

5.The Executive Engineer (O&M) Sangagiri Division, Sangagiri Dam-1, Salem District.

6.L.Kannan 7.R.Sengottuvelan ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned orders dated 25.08.2011 and 24.08.2011 in Memo Mo.106968/1651/G42/G42(2)/2010-5 and in Memo No.259982/736/G42/GF42(2)/2011-3 respectively, passed by the 1st respondent, quash the same and consequently direct the respondents 1 to 3 to promote the petitioners Foreman Grade-I in the existing vacancies and also in the vacancies which may arised in the Page No: 2/7

year 2011 as per their seniority in Mettur Electricity Distribution Circle with all consequential benefits.

For Petitioner : Ms.V.Porkodi for Mr.R.Krishnaswamy For RR 1 to 5 : Mr.K.Rajkumar Standing Counsel For RR6 & 7 : No appearance

ORDER

This Writ Petition has been filed by the petitioners challenging the orders passed by the 1st respondent and consequently direct the respondents 1 to 3 to promote the petitioners as Foreman Grade-I in the existing vacancies and also in the vacancies which may arise in the year 2011 as per their seniority in Mettur Electricity Distribution Circle with all consequential benefits.

2.

Heard Ms.V.Porkodi, learned counsel for Mr.R.Krishnaswamy, learned counsel for the petitioners and Mr.K.Rajkumar, learned Standing Counsel for the respondents 1 to 5. Page No: 3/7

3. A counter had been filed by the 3rd respondent on behalf of the respondents 1 to 5. For better appreciation, paragraph 14 of the said counter is extracted hereunder:- 14.1 submit that the persons transferred from Salem Electricity Distribution Circle to Mettur Electricity Distribution Circle vide Memo.106968/ 1651/G42/G42(2)/2010-5 dt.

05.08.2011 and Memo.059982/736/G42/ G42(2)/2011-3 dt.24.08.2011 have not yet joined in the transferred circle. However the petitioners Thiruvalargal, C.Mariappan, A.Madaiyan and P.Prasad were promoted as Foreman 1 Grade vide F/M/vz;/nk/gh/bgh-nk-ep/gp.1-(2)-nfh/KKep-Mh;/7422011. ehs; 24.12.2011. The petitioners Thiru. K. Karuppannan and A. Subramani were promoted as Foreman 1 Grade vide F/M/vz;/nk/gh/bgh-nk-ep/gp/1-(2)- nfh.KKep-Mh;/52-2012. ehs; 27.03.2012 and Thiru. C.Sundravelu was promoted as Foreman I Grade F/M/vz;/nk/gh/bgh-nk-ep/gp/1-(2)-nfh.KKep-Mh;/1242012. ehs; 11.04.2012 of 3rd Respondent. The above petitioners were promoted as per their turn/Seniority. They were not sustained any loss in their seniority due to the above Page No: 4/7

transfers cited by the petitioners, and they have also joined in the promoted post and continued to be working as Foreman I grade."

On perusal of the aforesaid paragraph of the counter, it had been indicated that the private respondents in the Writ Petition had not abided the order of transfer and therefore, the petitioners 1, 2 and 5 were promoted as Foreman Grade -I vide proceeding dated 24.12.2011 and petitioners 3 and 6 were promoted as Foreman Grade -I vide proceeding dated27.03.2012 and the 4th petitioner was promoted as Foreman Grade -I vide proceeding dated 11.04.2012. These promotions were made as and when vacancies arose in the Grade of Foreman-I.

4. In view of the specific statement made by the learned counsel for the respondents in their counter, the lis that is sought to be adjudicated upon in this Writ Petition no longer survives. Therefore, this Writ Petition is closed. However, there shall be no order as to Page No: 5/7

costs.

21.11.2023 gba Index : Yes/No Speaking order : Yes/No K.KUMARESH BABU,J.

Gba To 1.Tamil Nadu Generation and Represented by its Chief Engineer, No.144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Distribution).

Erode Region, EVN Salai, Erode.

3.The Superintending Engineer, Mettur Electricity Distribution Circle, Mettur Dam-1, Salem District.

4.The Executive Engineer (O&M) Mettur Division, Page No: 6/7

Mettur Dam-1, Salem District.

5.The Executive Engineer (O&M) Sangagiri Division, Sangagiri Dam-1, Salem District.

21.11.2023 Page No: 7/7