T.Delsirani v. The Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025
CORAM
THE HON'BLE Ms. JUSTICE R.N.MANJULA and W.M.P. Nos. 40020 of 2018 & 28669 of 2019 T.Delsirani ... Petitioner -vs1. The Chairman cum Managing Director Tamilnadu Generation and Distribution Corporation Ltd. No.144, Anna Salai, Chennai-600002.
2. The Chief Engineer, Personnel Tamilnadu Generation and Distribution Corporation Ltd. No.144, Anna Salai, Chennai-600002.
3. The Commissioner Employment and Training Guindy, Chennai-32.
4. Tmt. Anthony Nirmala Technical Assistant Office of the Superintending Engineer Kanyakumar Electricity Distribution Circle Tamilnadu Generation and Distribution Corporation Ltd. Kanyakumari.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to Selection of 47 Nos. of Technical Assistant (ECE) by direct recruitment 2013-2014 and quash the same insofar as the selection and appointment of the fourth respondent (vide serial number 32 & Application No. 1/6
4564) is concerned and consequently direct the first and second respondents to appoint the petitioner to the post of Technical Assistant with all attendant benefits.
For Petitioner : Mr.G.Ananda Kumar For M/s.Thamizharasi Law Firm For Respondents : Mr.K.Rajkumar, SC (RR1 to 3) Mr.C.K.M.Appaji (R4)
O R D E R
This writ petition has been filed challenging Selection of 47 Nos. of Technical Assistant (ECE) by direct recruitment for the year 2013-2014 insofar as the selection and appointment of the fourth respondent (vide serial number 32 & Application No. 4564) is concerned and to consequently direct the first and second respondents to appoint the petitioner to the post of Technical Assistant with all attendant benefits.
2.
The petitioner is a physically challenged person, who has 70% disability in response to the notification of the respondent calling for the applications from employment offices for recruitment to the State Government/State Quasi/Local Body Vacancies. The petitioner's name also sponsored through the Employment Exchange. In pursuant to that, the petitioner has been called for 2/6
interview by the respondent. She attended the interview, but she was not selected as Technical Assistant (Electrical) for which her name had been sponsored.
3.
The learned counsel for the petitioner submitted that despite the petitioner's case falls under quota reserved for physically challenged and there were sufficient vacancies to accommodate the petitioner, she was not given with the appointment orders.
4.
The learned counsel for the fourth respondent submitted that the fourth respondent has been unnecessarily impleaded as party in the writ petition, despite she has not been selected under the physically challenged category but under the freedom fighter category. As the selection roster also clarifies the same, there is no illegality in the selection of the fourth respondent. 5.
The petitioner is said to have secured 56.96 of marks. As per the submission of the learned Standing Counsel for the respondents, it is learnt that two other similarly placed persons, who were applied under the same category got higher marks of 84.2% and 64.802% respectively and they were appointed in the vacancies earmarked for the said category. 3/6
6.
The learned counsel for the petitioner submitted that out of the 950 posts of Technical Assistant /Electrical vacancies called for, quota reservations for the physically handicapped category would be more than 2 posts and hence, the respondents ought to have released the post for the petitioner also. 7.
The petitioner is qualified in Diploma in Electronics and Communication Engineering. But in the notification itself, it has been clearly stated that only 45 vacancies were available for those persons who have completed Diploma in Electronics and Communication, it is probably because of 5% out of the total vacancies. In such case, if 3% reservation is calculated out of 45 vacancies it would not exceed 2 vacancies. Since the respondents had already accommodated 2 persons coming under the category of physically handicapped persons and released appointment, I do not find any illegality and irregularity in the appointment process.
8.
Hence, this writ petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. 12.02.2025 Index: Yes/No Internet: Yes/No 4/6
Speaking /Non-speaking order Maya R.N.MANJULA, J.
Maya To
1. The Chairman cum Managing Director Tamilnadu Generation and Distribution Corporation Ltd. No.144, Anna Salai, Chennai-600002.
2. The Chief Engineer, Personnel Tamilnadu Generation and Distribution Corporation Ltd. No.144, Anna Salai, Chennai-600002.
3.The Commissioner Employment and Training Guindy, Chennai-32.
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Dated : 12.02.2025 6/6