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Madras High CourtWMP(MD)/1520/2016closed

A. Ashwin Paul v. Tamil Nadu Generation And

2016-01-28Honourable Mr Justice D. Hariparanthaman3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twenty Eighth day of January Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice D.HARIPARANTHAMAN WMP(MD)Nos.1520,1522 and 1654 of 2016 IN WP(MD)Nos.1759, 1760 and 1904 of 2016 A.ASHWIN PAUL ..Petitioner in WMP(MD)No.1520 of 2016 in WP(MD)No.1759 of 2016 S.KARTHIKEYAN ..Petitioner in WMP(MD)No.1522 of 2016 in WP(MD)No.1760 of 2016 K.LAL ROBERT ..Petitioner in WMP(MD)No.1654 of 2016 in WP(MD)No.1904 of 2016 Vs.

1 TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, NPKRR MAALIGAI, NO.144, ANNA SALAI, CHENNAI 600 002 2 THE CHIEF ENGINEER/PERSONNEL TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD., NPKRR MAALIGAI, NO.144, ANNASALAI, CHENNAI 600 002 ..Respondents in All the Petitions Prayer in WMP(MD)No.1520 of 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of interim injunction restraining the 2nd respondent vide Notification No.01/2015 dated 28.12.2015 which meant for recruiting the Assistant Engineers (Electrical, Mechanical and Civil) and direct the 2nd respondent to allow the directly participate in viva-voce proceedings without insisting the petitioner to write written examination in connection with such selection process the disposal of the main writ petition.

Prayer in WMP(MD). 1522/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim injunction restraining 2nd respondent vide Notification No.01/2015 dated 28.12.2015 which meant for recruiting the Assistant Engineers (Electrical, Mechanical and Civil) and direct the 2nd respondent to allow the directly participate in viva-voce proceedings with out insisting the petitioner to write written examination in connection with such selection process the disposal of the main WP(MD)No.1522 of 2016. Prayer in WMP(MD). 1654/ 2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Interim Direction by directing the 2nd respondent to allow the petitioner directly participate in viva-voce proceedings without insisting me to write written examination in connection with the selection process of recruiting Assistant Engineers (Electrical, Mechanical and Civil) in pursuance to the Notification issued by the 2nd respondent vide Notification No.01/2015 dated 28.12.2015, pending disposal of the main WP(MD)No.1904 OF 2016.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.R.ANAND, Advocate for the petitioner in WMP(MD)Nos.1520 and 1522 of 2016 in WP(MD)Nos.1759 and 1760 of 2016 and MR.D.SRINIVASARAGHAVAN for MR.D.ANBARASAU, Advocate for the Petitioner in WMP(MD)No.1654 of 2016 in WP(MD)No.1904 of 2016 and of MR.K.CHELLAPANDIAN, Additional Advocate General assist by MRS.S.SRIMATHY, on behalf the Respondents in All the Petitions, the court made the following order:- The issue involved in these writ petitions is that since the petitioners underwent Apprenticeship Training according to the learned counsels for the petitioners, they need not appear for the written examination for recruitment to the post of Assistant Engineers(Electrical, Mechanical and Civil) that is scheduled to be held on 30.01.2016.

2.The issue as to whether the petitioners can get exemption in writing the aforesaid written examination, which is a part of the selection process for recruitment to the post of Assistant Engineers, could be decided only during the final hearing of the writ petitions. 3.Hence, the petitioners have to appear for the written examination that is to be held on 30.01.2016. It is needless to state that if the petitioners succeed in the main writ petitions, then, the appearance of the petitioners in the aforesaid examination would have no effect.

W.M.P(MD)Nos.1520, 1522 and 1654 of 2016 are disposed of accordingly.

sd/- 28/01/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE CHAIRMAN AND MANAGING DIRECTOR, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION, NPKRR MAALIGAI, NO.144, ANNA SALAI, CHENNAI 600 002 2 THE CHIEF ENGINEER/PERSONNEL TAMILNADU GENERATION AND DISTRIBUTION CORPORATION LTD., NPKRR MAALIGAI, NO.144, ANNASALAI, CHENNAI 600 002 +1cc to M/S.S.M.S.JOHNY BASHA, Advocate Sr.No.5208 akm/02.02.2016/ 3p-4c/NGM/SS/SAR-I

ORDER

IN WMP(MD)Nos.1520,1522 and 1654 of 2016 IN WP(MD)Nos.1759, 1760 and 1904 of 2016 Date :28/01/2016