V.Radhakrishnan v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA V.Radhakrishnan

...Petitioner

Vs 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, 10th Floor, N.P.K.R.R.Maaligai, Chennai.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 800, Anna Salai, 10th Floor, N.P.K.R.R.Maaligai, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents to promote the petitioner as Junior Engineer (Electrical) Grade II with effect from the eligible date as per the judgment rendered in batch of Writ Petitions in W.P.Nos.43061 of 2002, 28486 of 2003, 39659 and 39660 of 2004 and 4471 of 2005 dated 16.12.2010 within the time stipulated by this Court.

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For Petitioner : Mr.V.R.Venkatesan For Respondents : Mr.B.Ramanathan Standing Counsel

O R D E R

Heard Mr.V.R.Venkatesan, learned counsel appearing for the petitioner, Mr.B.Ramanathan, learned Standing Counsel appearing for the respondents.

2. The petitioner has filed this petition for issuance of Writ of Mandamus, seeking direction against the respondents to promote the petitioner as Junior Engineer (Electrical) Grade II with effect from the eligible date as per the judgment rendered in batch of Writ Petitions in W.P.Nos.43061 of 2002, 28486 of 2003, 39659 and 39660 of 2004 and 4471 of 2005 dated 16.12.2010.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6

4. Mr.V.R.Venkatesan, learned counsel for the petitioner submitted that the petitioner was appointed as Helper in the respondent Department on 01.05.1999 and thereafter promoted as Commercial Assistant on 14.09.2005. On 02.03.2009, he was promoted as Inspector and subsequently, he was promoted as Foreman on 28.12.2017 and now he continues to be working as Foreman Grade-I. In the meanwhile, the petitioner had also completed diploma in Electrical and Electronics Engineering from the recognized institution, after obtaining due permission from the respondents. In view of the above additional qualification, the petitioner is entitled for promotion to the post of Junior Engineer (Electrical) Grade-II.

5. It is further submitted that similar batch of cases have already been decided by the Principal Bench of this Court in favour of the similarly placed persons like that of the petitioner in batch of Writ Petitions in W.P.Nos.43061 of 2002, 28486 of 2003, 39659 and 39660 of 2004 and 4471 of 2005 dated 16.12.2010. In such circumstances, the petitioner given a representation to the respondents requesting them to consider him for promotion to the post of Junior Engineer (Electrical) Grade II with effect from the eligible date. The petitioner's grievance is 3/6

that his juniors have been considered for promotion, he was not considered for the same, despite he has given various representations. Since the representation of the petitioner has not been considered so far, a direction can be given to the respondents to that effect.

6. In view of the above stated reasons, this Writ Petition is disposed of with a direction to the respondents to consider the petitioner for promotion to the post of Junior Engineer (Electrical) Grade-II in the light of the order passed in batch of Writ Petitions in W.P.Nos.43061 of 2002, 28486 of 2003, 39659 and 39660 of 2004 and 4471 of 2005 dated 16.12.2010 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

27.06.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 4/6

To:

1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, 10th Floor, N.P.K.R.R.Maaligai, Chennai.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 800, Anna Salai, 10th Floor, N.P.K.R.R.Maaligai, Chennai.

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R.N.MANJULA, J.

Nsr 27.06.2024 6/6