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Madras High CourtWP/34428/2018disposed of

J.Tamilselvan v. The Chairman Cum Managing Director,

2019-01-04Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2019

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.34428 of 2018 W.M.P.Nos.40001, 40002, 40004 and 40005 of 2018 1.J.Tamilselvan 2.C.Kumaran 3.G.Thirumurthy 4.M.S.P.Arularasu 5.S.Padmanabhan 6.V.Saravanan ...

Petitioner Vs 1.The Chairman cum Managing Director The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144 Anna Salai, Chennai 600 002.

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

3. The Secretary The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144 Anna Salai, Chennai 600 002.

4.S.Pugazh, Executive Engineer / Civil Generation Circle, Kundah, The Nilgiris District 5.S.Ganesan, Executive Engineer / Civil/ Division-III 1x660MW, Supercritical ETPS Expansion Project Ennore, Chennai 600 057.

6.A.Ravichandran, Executive Engineer / Civil / HQrs at Periyar, O/o Superintending Engineer / Civil / DRIP / HQrs, Madurai.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the 3rd respondent in Letter No. 64303/ A1/ A12/ 2018-2 dated 01.12.2018 and to quash the same and consequently directing official Respondents to finalize the seniority in the post of the Assistant Engineer (Civil) in rectification of error committed by giving priority to B.E. (Hons) degree holders and Board Apprentice contrary to the Rules/ Tamil Nadu Electricity Board Regulations based on the objections submitted by the Petitioners dated 22.08.2016 with all consequential benefits including preparation of panel for promotion to the post of Superintending Engineer/ Civil on that basis.

For Petitioners :

M/s.G.Sankaran For Respondents :

Mr.P.R.Dhilip Kumar, Standing Counsel- for R1 to R3 RR 4 to 6 :

Given up by the petitioner as per the endorsement

O R D E R

Learned counsel for the petitioner has made an endorsement to the effect that the respondents 4 to 6 shall be given up. Accordingly, the respondents 4 to 6 are given up.

2. This writ petition has been filed seeking direction to quash the proceedings dated 01.12.2018 issued by the first respondents and finalize the seniority for the promotion to the post of Assistant Engineer.

3. Learned counsel for the petitioners would submit that even though a larger relief is prayed for, it would be suffice if the objections raised by the petitioners with regard to regarding the seniority is considered and appropriate orders are passed.

4. Mr.P.R.Dhilip Kumar, learned Standing Counsel for the respondents would submit that the objections would be considered and appropriate orders would be passed.

5. Under the circumstances, the objections raised by the petitioners to the seniority fixed and the panel of promotion, shall be considered by the respondents and appropriate orders shall be passed within a period of four weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kst To 1.The Chairman cum Managing Director The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144 Anna Salai, Chennai 600 002.

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

3. The Secretary The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144 Anna Salai, Chennai 600 002.

+2 cc to Mr.P.R.Dhilipkumar, Advocate Sr.No.1309,1310 +1 cc to Mr.G.Sankaran, Advocate Sr.No.1266 W.P.No.34428 of 2018 W.M.P.Nos.40001, 40002, 40004 and 40005 of 2018 CSL/31.01.2019