Madras High CourtWP(MD)/11156/2019disposed of

G.Balakumar, v. The Tamil Nadu Generation And

2019-04-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11156 of 2019 and W.M.P.(MD)No.8525 of 2019 G.Balakumar ... Petitioner Vs.

1.The Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), Rep.by its Chairman, 144, Annasalai, Chennai-2.

2.The Chief Engineer (Personnel), The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Annasalai, Chennai-2.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to forbear the respondents from proceeding with the promotion of Assistant Executive Engineer in pursuant to the proceedings of the second respondent vide Letter No.093166/375/G.1/G.11/2018-4, dated 03.12.2018 without disposing the objections filed by the petitioner in response to the tentative seniority list published by the second respondent vide Memo.No.037499/1435/G.18/G.181/2018-2, dated 18.07.2018 and proceedings vide Memo No.037499/1435/G.18/G.181/2018-3, dated 27.11.2018. For Petitioner :

Mr.M.Ajmal Khan, Senior Counsel for M/S.Ajmal Associates For Respondents :

Mrs.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed, seeking a direction to forbear the respondents from proceeding with the promotion of Assistant Executive Engineer in pursuant to the proceedings of the second respondent vide Letter No.093166/375/G.1/G.11/2018-4, dated 03.12.2018 without disposing the objections filed by the petitioner in response to the tentative seniority list published by the second https://hcservices.ecourts.gov.in/hcservices/

respondent vide Memo.No.037499/1435/G.18/G.181/2018-2, dated 18.07.2018 and proceedings in Memo No.037499/1435/G.18/G.181/2018-3, dated 27.11.2018.

2.Heard the learned senior counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3.Though the prayer made in the Writ Petition is for a larger relief, the learned senior counsel appearing for the petitioner fairly submitted that it would suffice, if the objections of the petitioner are directed to be considered by the respondents before finalizing the list, for which, the learned Special Government Pleader appearing for the respondents has no serious objection. 4.In view of the above submission, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's objections before finalizing the list and thereafter, proceed further on merits and in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of copy of this order.

5.The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Chairman,Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), 144, Annasalai, Chennai-2.

2.The Chief Engineer (Personnel), The Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), 144, Annasalai, Chennai-2.

+1cc to M/s.AJMAL ASSOCIATES, Advocate, SR.No. 64464 W.P(MD)No.11156 of 2019 30.04.2019 PS KK/SAR/21.05.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/