A.V.Kulandaivel, v. (*)Tangedo (Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.21148 of 2017 and W.M.P.(MD)Nos.17411 & 18334 of 2017 A.V.Kulandaivel ... Petitioner Vs.
1.TANGEDCO (Tamil Nadu Generation and Distribution Limited) Represented by its Chairman, 144, Annasalai, Chennai-2.
2.The Chief Engineer (Personnel), TANGEDCO (Tamil Nadu Generation and Distribution Limited) 144, Anna Salai, Chennai-2.
3.M.Vennila 4.V.Sathyanarayana Kumar, 5.K.Santhana Marimuthu Raja 6.M.Manikandan 7.V.Susai Irudaya Antony Jude 8.M.Mayilvannan 9.P.Kandhimadhinathan 10.A.Kathiravan 11.A.Navis 12.M.Bharathithasan 13.S.Alagarsamy 14.N.Muthumani 15.N.A.Selvarajan ... Respondents (Respondents 12 to 15 are impleaded vide Court order 04.12.2017 in W.M.P.(MD)No.18376 of 2017) (Cause title amended vide Court order dated 07.12.2017 in W.M.P. (MD)No.18820 of 2017) Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's objection dated 09.11.2017 and finalize the seniority list after considering the objection of the
petitioner and then proceed with the promotion of the candidates to the post of Assistant Executive Engineer within the period that may be stipulated by this Court.
For Petitioner : Mr.M.Ajmal Khan, Senior Counsel, for M/s.Ajmal Associates.
For R 1 & R 2 : Mrs.S.Srimathy For R 3 to R 11 : Mr.Niranjan S.Kumar For R 12 to R 15 : Mr.T.Antony Arul Raj
O R D E R
This Writ Petition has been filed for issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's objection dated 09.11.2017 and finalize the seniority list after considering the objection of the petitioner and then proceed with the promotion of the candidates to the post of Assistant Executive Engineer within the period that may be stipulated by this Court. 2.Heard Mr.M.Ajmal Khan, learned Senior Counsel, appearing for the petitioner, Mrs.S.Srimathy, learned counsel appearing for the first and second respondents, Mr.Niranjan S.Kumar, learned counsel appearing for the respondents 3 to 11 and Mr.T.Antony Arul Raj, learned counsel appearing for the respondents 12 to 15. 3.
It is the case of the petitioner that the tentative list for the post of Assistant Executive Engineers (Electrical) had been issued by proceedings Memo No.009121/195/G.18/G.181/2017 dated 20.06.2017 and thereafter, another tentative seniority list has been published on 06.11.2017 by proceedings Memo No.009121/195/G.18/G.181/2017 in which the petitioner's juniors are placed above him. Aggrieved by the same, the petitioner has filed the present Writ Petition.
4.It is represented on behalf of the respondents 3 to 11 that they have also made representations against the position in the seniority list claimed by the petitioner.
5.The learned counsel for the first and second respondents, on instructions, submits that the claim of the petitioner as well as the objections of the other employees, who would be affected if that claim of the petitioner is accepted, would be considered and reasoned orders thereon passed and on that basis, the finalized seniority list would be published on or before 31.12.2017 and thereafter, promotions to the higher post would be effected by the competent Authorities of the respondents.
6.This Court, without expressing any view on the correctness or entitlement of the rival claims of the parties, records the aforesaid undertaking made by the learned counsel appearing for the first and second respondents and accordingly, disposes this Writ Petition. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Chairman, TANGEDCO (Tamil Nadu Generation and Distribution Limited) 144, Annasalai, Chennai-2.
2.The Chief Engineer (Personnel), TANGEDCO (Tamil Nadu Generation and Distribution Limited) 144, Anna Salai, Chennai-2.
+1cc to M/S.Ajmal Associates, Advocate SR.No. 91597 +1cc to M/S.Niranjan S.Kumar, Advocate SR.No. 91545 +1cc to M/S.S.M.S.Johnny Basha, Advocate SR.No. 91619 W.P.(MD)No.21148 of 2017 07.12.2017 MYR JM/SV MMS/SAR 1/22.12.2017/3P/6C