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Madras High CourtWP(MD)/4257/2014dismissed

M.Saravanan, v. Tamil Nadu Generation And

2019-07-04Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) Nos.4257, 4258 & 4259 of 2014 and M.P.(MD) Nos.2 & 3 of 2014 M.Saravanan ... Petitioner in W.P.(MD) No.4257 / 2014 Vijayan ... Petitioner in W.P.(MD) No.4258 / 2014 P.Saravanan ... Petitioner in W.P.(MD) No.4259 / 2014 vs.

1.The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) rep.by its Chairman cum Managing Director NPKRR Maaligai, 144, Anna Saalai Chennai-2 2.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) rep.by its Secretary NPKRR Maaligai, 144, Anna Saalai, Chennai-2 3.The Superintending Engineer Theni EDC / TANGEDCO NRT Nagar, Main Road Theni-625 531 4.The District Employment Officer District Employment Office Theni-625 531 ... Respondents in W.P.(MD) No.4257 / 2014 5.Tamil Nadu Electricity Board rep.by its Chairman 800, Anna Salai, Chennai-22 6.The Director of Technical Education Tamil Nadu, Guindy, Chennai ... Respondents in W.P.(MD) No.4258 / 2014 7.Tamilnadu Generation and Distribution Corporation Limited (TNGEDCO) rep.by its Chairman No.800, Anna Salai Chennai-600 002 8.The Director of Technical Education Tamilnadu, Sardar Padel Road Guindy, Chennai-600 025 ... Respondents in W.P.(MD) No.4259 / 2014

PRAYER (in W.P.(MD) No.4257 / 2014) : Writ petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records pertaining to the Impugned Selection List of 829 nos of Technical Assistant (EEE) by Direct Recruitment 2013-2014 dated 24.02.2014 on the file of the Respondent No.1 published in the 1st Respondent Website and quash the same as illegal and consequently for a direction directing the Respondent No.1 and 2 to appoint the petitioner in the post of Technical Assistant (Electrical) within a time stipulated by this Court.

PRAYER (in W.P.(MD) No.4258 / 2014) : Writ petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records relating to selection list for the post of Technical Assistant (EEE) published by the respondent corporation on 24.02.2014 on the file of the first respondent and quash the same and consequently direct the first respondent Board to conduct recruitment afresh for the post of Technical Assistant (EEE).

PRAYER (in W.P.(MD) No.4259 / 2014) : Writ petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus to call for the records pertaining to the Impugned Selection List for the post of Technical Assistant (EEE) published by the first respondent, dated 24.02.2014, on the file of the first Respondent and quash the same as illegal and consequently direct the Respondent No.1 to conduct recruitment afresh for the post of Technical Assistant (EEE) and appoint the petitioner if he eligible, within a time stipulated by this Court. For Petitioner :

Mr.T.Lajapathi Roy (in WP(MD)Nos.4257&4259 of 2014) For Petitioner :Mr.T.A.Ebenezer (in WP(MD)No.4258 of 2014) For R1 to R3 :

Mr.G.Kasinathadurai (in W.P.(MD) No.4257/2014) & For 1st Respondent (in W.P.(MD) Nos.4258 & 4259 /2014) For 4th Respondent :

Mr.K.Mu.Muthu (in W.P.(MD) No.4257/2014) & Additional Government Pleader For 2nd Respondent (in W.P.(MD) Nos.4258 & 4259 /2014) C O M M O N O R D E R When the matter was taken up for hearing, the learned Standing Counsel appearing for the respondent / TANGEDCO submitted

that the process of selection for appointment to the post of Technical Assistant (EEE) had been concluded during the year 2014 and the selected candidates were appointed and they are working as Technical Assistants (EEE) for the past more than five years.

2. The learned counsel appearing for the writ petitioners submitted that the process of selection for appointment to the post of Technical Assistant (EEE) was not conducted transparently and the established principles for selection were not scrupulously followed by the respondents.

3. This Court cannot adjudicate these broad grounds at this length of time, in view of the fact that the selected candidates were appointed during the year 2014 and they are working as Technical Assistants (EEE) for the past more than five years. This apart, the writ petitioners have not neither impleaded the appointed candidates as party respondents nor challenged the appointment orders issued in their favour in the present writ petitions. However, it is for the writ petitioners to work out their remedies in the manner known to law, if their grievance exists.

4. Accordingly, the writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To:

1.The Director of Technical Education, Tamil Nadu, Guindy, Chennai.

2.The District Employment Officer, District Employment Office, Theni-625 531.

+1 CC to M/s.G.KASINATHADURAI, Advocate ( SR-73647[F] dated 05/07/2019 ) +1 CC to M/s.SPL GP ( SR-73737[F] dated 05/07/2019 ) KRK W.P.(MD) Nos.4257, 4258 & 4259 of 2014 and M.P.(MD) Nos.2 & 3 of 2014 04.07.2019 KM/(19.07.2019) 3P 5C