S.Selvi Ramalakshmi v. The Chairman Cum Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.(MD) Nos.2257, 2259 & 2265 of 2020 S.Selvi Ramalakshmi ... Petitioner /vs./ 1.The Chairman cum Managing Director, 2.The Chief Engineer (Personnel), ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned notification of the 2nd respondent in No.02/2020 dated 08.01.2020 and quash the same in respect of prescribing maximum age limit as 35 years with respect to SC/ST candidates and 32 years for MBC and 30 years for others as against the Regulation No.

91(2)(d)(ii) of Tamilnadu Electricity Board Service Regulations and consequently direct the respondents to remove the maximum age limit in respect of candidate belonging to any of the scheduled caste, schedule tribes, backward class, most backward class and Denotified communities or destitute widows of all castes, who hold a degree of any university recognized by University Grants Commission, if the Degree the petitioner holds is not lower than the degree, if any prescribed for appointment to such post and if the petitioner is otherwise qualified for appointment. For Petitioner : Mr.H.Arumugam For Respondents : Mr.S.R.Rajagopal Additional Advocate General for Mr.T.

ORDER

This Writ Petition is filed to quash the notification dated 08.01.2020 passed in No.02/2020 by the second respondent. 1/3

2.The ground raised in the present writ petition is that the maximum age limit prescribed for the post of A.E.-Electrical is against the Regulation No.91 (2) (d) (ii) of Tamilnadu Electricity Board Service Regulations and without modifying the regulations, the maximum age prescribed therein cannot be altered. It is also stated that the present impugned notification is contrary to the regulations, as well as the earlier notification issued in the year 2015 and 2018.

3.Today when the matter was called, the learned Additional Advocate General would submit that pursuant to the decision of the Full Board proceedings dated 15.02.2020, the Tamilnadu Electricity Board Service Regulations have been amended to facilitate the provisions for upper age limit for selection and appointment to the post of Assessor and Assistant Engineer/Electrical, Civil and Mechanical by direct recruitment. The Full Board proceedings dated 15.02.2020 has also culminated into a fresh notification, by cancelling the earlier impugned notification, calling for appointment to the post of Assistant Engineers, wherein, it is also stated that the earlier online applications have been saved and deemed to be in effect, for the purpose of the subsequent notification also. Since the earlier notification has already been recalled, the prayer sought for in the present writ petition itself becomes infructuous. As such, no effective order can be passed in the present writ petition.

4.In the light of the above observations, the Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) Mm To 1.The Chairman cum Managing Director, 2/3

2. The Chief Engineer (Personnel), +1 CC to Mr.T.SAKTHIKUMARAN, Advocate ( SR-6658[F] dated 17/02/2020 ) +1 CC to Mr.H.ARUMUGAM, Advocate ( SR-6850[F] dated 18/02/2020 ) 17.02.2020 MK (04.03.2020) 3P 5C 3/3