M.Rajaram, S/O.Manickam Pillai v. The Chief Engineer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13713 of 2019 and W.M.P.(MD)No.10259 of 2019 M.Rajaram .. Petitioner Vs.
1.The Chief Engineer, Tamil Nadu Electricity Board (TNEB), Office of the Chief Engineer, Trichy Region, Office Compound, Trichirappalli.
2.The Superintending Engineer, Tamil Nadu Electricity Board(TNEB), Office of the Superintending Engineer, General Construction Circle, Regional Office Compound, Race Course Road, Madurai - 2.
3.The Executive Engineer, Tranmission and Line Construction, Madurai - 625 007.
.. Respondents Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in Memo No.149-2 SE/GCC/MDU/AADO/ADM/AS/A.4/F.Tm.Panel/19, dated 29.05.2019, quash the same as illegal and direct the second respondent to consider the petitioner's promotion and transfer him to Madurai as Foreman-II Grade instead of promotion with transfer at Tirunelveli. For Petitioner : Mr.L.Prabhu For Respondents : Mr.M.Balasubramaniam
ORDER
This Writ Petition has been filed seeking to quash the impugned order of the second respondent in Memo No.149-2 SE/GCC/MDU/AADO/ADM/AS/A.4/F.Tm.Panel/19, dated 29.05.2019, and consequently, to direct the second respondent to consider the petitioner's promotion and transfer him to Madurai as Foreman-II
Grade instead of promotion with transfer at Tirunelveli. 2.Mr.M.Balasubramaniam, learned Standing Counsel takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, if the promotion list was prepared on the basis of age, caste and joining seniority, in a proper and perspective manner, he would have been selected for promotion at Madurai instead of Tirunelveli and therefore, the said promotion-cum-transfer order passed by second respondent is liable to be quashed. The learned counsel appearing for the petitioner further submitted that the petitioner has already given a representation dated 04.06.2019 to the respondents 1 and 2, but so far, no action has been taken.
4.The learned Standing Counsel appearing for the respondents submitted that the second respondent has followed all the procedures as contemplated under the regulation and thereafter, passed the present impugned order and therefore, no interference is called for. If any representation is made by the petitioner, the same will be considered by the respondents in accordance with law. 5.Recording the above said submission of the learned Standing Counsel appearing for the respondents, without going into the merits of the case, this Court directs the second respondent to consider the petitioner's representation dated 04.06.2019, and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Engineer, Tamil Nadu Electricity Board , Office of the Chief Engineer, Trichy Region, Office Compound, Trichirappalli.
2.The Superintending Engineer, Office of the Superintending Engineer, General Construction Circle,
Regional Office Compound, Race Course Road, Madurai - 2.
3.The Executive Engineer, Tranmission and Line Construction, Madurai - 625 007.
+1cc to Mr.L.PRABHU, Advocate, SR.No. 69677 W.P.(MD) No.13713 of 2019 SMN2 KK/SAR/02.07.2019/3P-5C