A. Jayasakthivel, v. Chief Engineer (Personal)

W.P.[MD]No.1112/13 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P[MD]No.1112 of 2013 1.A.Jayasakthivel 2.N.Sivasami 3.T.Murugeshan 4.R.Meyyar ... Petitioners Vs.

1.Chief Engineer (Personal), TANGEDCO, NVKRR Maligai, 144, Annasalai, Chennai.

2.Chief Engineer (Distribution), TANGEDCO, Thennur, Trichy - 17.

3.Additional Chief Engineer, TANGEDCO Pudukottai District Circle, Pudukottai.

4.S.Sithayan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to make promotion to the post of Heavy Vehicle Driver posts only on the basis of station / circle seniority in Pudukottai District strictly in accordance with the Electricity Board Service Regulation and standing orders.

For Petitioners : Mr.K.K.Kannan For Respondents 1 to 3 : No appearance For Respondent No.4 : Mr.P.Ganapathi Subramaniam

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 to 3 to make promotion to the post of Heavy Vehicle Driver posts only on the basis of station / circle seniority in Pudukottai District strictly in accordance with the Electricity Board Service Regulation and standing orders. 2.Promotion can never be claimed as a matter of right. However, consideration for promotion is a fundamental right of an employee. https://hcservices.ecourts.gov.in/hcservices/ 1/5

W.P.[MD]No.1112/13 Thus, all the persons who all are eligible for promotion are to be considered whenever the process of preparation of panel is undertaken. Thus, the case of the writ petitioner also to be considered along with all other eligible candidates who all are aspiring to secure promotion in accordance with the Rules. 3.Under these circumstances, the official respondents are directed to grant promotion in accordance with law to all those who all are aspiring to get promotion.

4.With these directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Engineer (Personal), TANGEDCO, NVKRR Maligai, 144, Annasalai, Chennai.

2.The Chief Engineer (Distribution), TANGEDCO, Thennur, Trichy - 17.

3.The Additional Chief Engineer, TANGEDCO Pudukottai District Circle, Pudukottai.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-79555[F] dated 02/08/2019 ) W.P[MD]No.1112 of 2013 02.08.2019 MR KK/SAR/20.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/5