S.Krishnan, v. The Chief Engineer/Personal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12173 of 2014 and MP(MD)Nos.1 & 2 of 2014 and WP(MD)Nos.13340 to 13347 of 2014 and MP(MD)Nos.2 & 3 of 2014 in WP(MD)No.13340 of 2014 & MP(MD)No.2 of 2014 in WP(MD)No.13341 of 2014 S.Krishnan ... Petitioner in WP(MD)No.12173 of 2014 N.Gomathinayagam ... Petitioner in WP(MD)No.13340 of 2014 T.Thalapathy ... Petitioner in WP(MD)No.13341 of 2014 T.Sudalaikannu ... Petitioner in WP(MD)No.13342 of 2014 P.Sudalaikannu ... Petitioner in WP(MD)No.13343 of 2014 S.Selvaraj ... Petitioner in WP(MD)No.13344 of 2014 I.Chellachamy ... Petitioner in WP(MD)No.13345 of 2014 V.Maruthupandi ... Petitioner in WP(MD)No.13346 of 2014 K.Venkatachalam ... Petitioner in WP(MD)No.13347 of 2014 Vs.

1.The Chief Engineer/Personnel Tamil Nadu Electricity Board, 800, Anna Salai, Chennai.

2.The Review Committee (B.P.No.26), Through the Director / Transmission Projects, TANGEDCO, 800, Anna Salai, Chennai.

3.The Superintending Engineer, TANGEDCO, Tirunelveli Distribution Circle, Tirunelveli.

...1 to 3rd Respondents in all writ petitions. 4.Thomas 5.Sastikumar 6.S.Karuppasamy ...4 to 6th respondents in WP(MD)No.12173 of 2014 (4 to 6th respondents are impleaded as per order dated 05/03/2018 in MP(MD)Nos.1 to 3 of 2015 in WP(MD)No.12173 of 2014)

Common Prayer : Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order of the third respondent in Ku.No.441/Nipi2/U1/Ko.Mugavar/2014 dated 12.06.2014 and quash the same and further direct the first respondent to take final decision on the basis of the committee constituted vide B.P.No.(Per)(CMD) TANGEDCO proceeding No.26 dated 04.03.2014 within the time fixed by this Court.

For Petitioner in all writ petitions : Mr.H.Arumugam For Respondents : Mr.G.Kasinathadurai in all writ petitions for R1 to R3 Mr.D.Saravanan for R4 to R6 in WP(MD)No.12173 of 2014 COMMON ORDER The petitioners are presently working as Line Inspectors. The next promotional post is that of Foremen Grade - I. The said promotional post has two feeder cadres, namely, Line Inspector and Commercial Inspector. There was a disparity in this regard. In order to remove the disparity a Committee was constituted. Before the Committee could submit its report, the main promotion panel was prepared.

2.Now, when the matter was taken for disposal, it is submitted by the learned counsel appearing on either side that the said Committee has submitted its report. Therefore, the respondents will have to prepare a fresh promotion panel in view of the report of the Committee.

3.The learned standing counsel appearing for the Tamil Nadu Electricity Board submitted that the Committee report dated 31.03.2015 has since been accepted by the Management. 4.Therefore, the order impugned in these writ petitions are quashed. The respondents have to prepare a seniority list based on the said Committee report. Such a list shall be prepared within a period of eight weeks from the date of receipt of a copy of this order. These writ petitions are allowed as indicated above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar

To +1cc to M/S.G.Kasinathadurai, Advocate SR.No. 53165 +1cc to M/S.H.Arumugam, Advocate SR.No. 53255 +1cc to M/S.D.Saravanan, Advocate SR.No. 52784 W.P(MD)No.12173 of 2014 and MP(MD)Nos.1 & 2 of 2014 and WP(MD)Nos.13340 to 13347 of 2014 05.03.2018 skm JM/SKN RSK/SAR 2/14.03.2018/3P/4C