C.Sivasamy, S/O.Chithiran, v. The Chief Engineer,(Personnel)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2017 CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13253 of 2017 and W.M.P.(MD)No.10322 of 2017 C.Sivasamy ... Petitioner vs.
1.The Chief Engineer (Personnel) The Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai-600 002.
2.The Superintendent Engineer, Dindigul Electricity Distribution Circle, Dindigul. 3.The Executive Engineer, The Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO), Dindigul.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to promote the petitioner to the post of Special Grade Foreman post on the panel issued by the second respondent in Q.A.No.486-1/Ne.pe.2/Vu.2/Ko Se Nu Mu Pa/09 dated 17.08.2009 on par with juniors with all consequential and other attendant benefits including arrears of salary by considering the representation submitted by the petitioner dated 08.09.2016, within a time frame to be fixed by this Court. For Petitioner : Mr.G.Sankaran For Respondents : Mr.S.Dayalan for TNEB
ORDER
By consent of both sides, this writ petition itself is taken up for final disposal.
2. The petitioner, having been appointed as Assistant in the Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO), was included in the promotional panel drawn on 17.08.2009 for the post of Special Grade Foreman from the post of Field Assistant-Foreman Grade I. Although his name was shown in Sl.No.6, when promotions were given to all other persons shown in the panel, the petitioner alone was denied. Therefore, he has https://hcservices.ecourts.gov.in/hcservices/
given a representation to consider his case for promotional post of Special Grade Foreman.
3.The learned counsel for the petitioner would submit that before he was transferred and posted as Junior Engineer/Electrical Grade II, he was working in feeder category of Grade - I Foreman. Therefore, his name was shown in the panel on 17.08.2009 for the promotional post of Special Grade Foreman. In view thereof, the respondents ought to have considered the case of the petitioner also. In this regard, he has given a representation. However, till date, the same has not been considered and hence, the petitioner is before this Court with this writ petition. 4.Mr.S.Dayalan, learned standing counsel, takes notice for the respondent Board and submitted that if a fresh representation is given by the petitioner, the case of the petitioner would be considered.
5.In view of the above, the petitioner is directed to give a fresh representation to the first respondent within one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the same within a period of six weeks thereafter.
6. This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Chief Engineer (Personnel) The Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai-600 002.
2.The Superintendent Engineer, Dindigul Electricity Distribution Circle, Dindigul.
3.The Executive Engineer, The Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO), Dindigul.
+One cc to Mr.G.Sankaran, Advocate, SR.No.66650 Mrn/RR RL/5C/2P/SKN/RSK/SAR1/27/7/2017 W.P(MD)Nos.13253 of 2017 and W.M.P.(MD)No.10322 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/