R.Viji v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4119 of 2017 and W.M.P.(MD)Nos.3277 & 3278 of 2017 R.Viji .. Petitioner Vs.

1. The Principal Secretary to Government, Electricity Department, Fort. St. George, Chennai - 600 009.

2. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TNEB), NPKKR Maligai, 144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer (Personal), Tamil Nadu Generation and Generation Corporation Limited (TNEB), NPKKR Maligai, 144, Anna Salai, Chennai - 600 002.

.. Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue a call letter/permit the petitioner to appear for the Viva Voce Interview to be conducted from 13.03.2017 to 16.03.2017 for the post of Assistant Engineer (Electrical) under B.C. (Women) and Ex-Servicemen Dependant Reservation Quotas based on the 19.00 marks secured by the petitioner in the written test and select and appoint the petitioner as Assistant Engineer (Electrical) in TANGEDCO for the year 2015-2017 within a time limit to be fixed by this Court.

For Petitioner : Mr.T.Sakthikumaran for Mr.K.Seemaraj For R-1 : Mr.V.Pandi Government Advocate For R-2 & R-3 : Mr.S.M.S.Johny Basha Standing Counsel for T.N.E.B., ***

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents to issue a call letter/permit to the petitioner to appear for the Viva Voce Interview to be conducted from 13.03.2017 to 16.03.2017 for the post of Assistant Engineer(Electrical) under B.C.(Women) and Ex-Servicemen Dependant Reservation Quotas based on 19.00 marks secured by the petitioner in the written test and select and appoint the petitioner as Assistant Engineer(Electrical) in TANGEDCO for the year 2015-2017 within the stipulated time.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent and the learned Standing Counsel appearing for the respondents 2 and 3.

3. Mr.V.Pandi, learned Government Advocate, takes notice for the first respondent and Mr.S.M.S.Johny Basha, learned Standing Counsel for T.N.E.B., takes notice for the respondents 2 and 3. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is filed for a positive direction, the learned counsel for the petitioner would submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation, dated 07.03.2017, wherein the petitioner has requested the respondents to consider his application under priority category and consider her candidature as found as a legal heir of Ex-serviceman, as a person entitled to apply under the reserved category of Ex-servicemen.

5. Having regard to the limited scope of the prayer in the Writ petition, without expressing any opinion on the merits of the matter, this Court direct the respondents to consider the claim of the petitioner and to dispose of the representation of the petitioner, dated 07.03.2017, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar

pmu To

1. The Principal Secretary to Government, Electricity Department, Fort. St. George, Chennai - 600 009.

2. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TNEB), NPKKR Maligai, 144, Anna Salai, Chennai - 600 002.

3. The Chief Engineer (Personal), Tamil Nadu Generation and Generation Corporation Limited (TNEB), NPKKR Maligai, 144, Anna Salai, Chennai - 600 002.

+1CC to Mr.K.Seemaraj, Advocate Sr.No.13681 +1CC to Mr.S.M.S.Johny Basha, Advocate Sr.No.13808 +1CC to Spl.Government Pleader Sr.No.14066 GJM/SV/MMS/SAR-2-13.3.17-3p-7c ORDER MADE IN W.P.(MD).No.4119 of 2017 and W.M.P.(MD)Nos.3277 & 3278 of 2017 10.03.2017