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Madras High CourtWP(MD)/8018/2017disposed of

M.Pragatheeswaran v. The Chief Engineer - Personal

2019-04-11Honourable Mr Justice R. Mahadevan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.8018 to 8020 of 2017 and W.M.P(MD)Nos.6195 to 6200 of 2017 M.Pragatheeswaran ... Petitioner in W.P(MD)No.8018/2017 M.Ravi ... Petitioner in W.P(MD)No.8019/2017 J.Ramesh ... Petitioner in W.P(MD)No.8020/2017 Vs.

1.The Chief Engineer - Personal, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 8th Floor, NPKRR Maligai, No.144, Anna Salai, Chennai - 02.

2.The Superintending Engineer, No.1, Vallam Road, Thanjavur.

... Respondents in W.P(MD)Nos.8018 & 8019/2017 1.The Chief Engineer - Personal, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 8th Floor, NPKRR Maligai, No.144, Anna Salai, Chennai - 02.

2.The Superintending Engineer, CEDC/South Circle, 110KV K.K.Nagar, SS Complex, Chennai - 600 078.

... Respondents in W.P(MD)No.8020/2017 Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first respondent to recognize D.E.E.E course from Periyar Maniammai University and consider the petitioners' application, dated 17.10.2015, 19.10.2015 and 26.10.2015 respectively for internal selection to the post of Technical Assistant.

For Petitioner :

Mr.N.Sundaresan (in all W.Ps') For RR 1 & 2 :

Mr.M.Balasubramanian (in all W.Ps') For R - 3 :

Mr.Thiayagarajan, Senior Counsel (in all W.Ps') for Mr.S.Karunakar COMMON ORDER These writ petitions have been filed seeking issuance of a writ of Mandamus, to direct the first respondent to recognize D.E.E.E course from Periyar Maniammai University and consider the petitioners' applications, dated 17.10.2015, 19.10.2015 and 26.10.2015 respectively for internal selection to the post of Technical Assistant.

2.Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. 3.The grievance of the petitioners is that they were working with TANGEDCO as Field Assistant. Pursuant to the applications invited by the first respondent for internal selection, the petitioners have applied for the same. However, the first respondent did not consider the petitioners application on the ground that they have completed their course in Periyar Maniammai University, which is not a recognized University. The further grievance of the petitioners is that the Registrar of Periyar Maniammai University has clarified that Periyar Maniammai Institute of Science and Technology and Periyar Maniammai University are one and the same and as per G.O.Ms.No.39, Personal and Administrative Department, dated 30.04.2014, it has been clearly stated that 'Periyar Maniammai Institute of Science and Technology' is recognized by University Grant Commission. Since their applications for internal selection to

the post of Technical Assistant, dated 17.10.2015, 19.10.2015 and 26.10.2015 respectively, have not been considered by the respondents so far, the petitioners have filed the present Writ Petitions. 4.Since the third respondent has been named as "Periyar Maniammai University", it is apparent that the petitioners' applications for internal selection to the post of Technical Assistant, have necessarily to be considered by the first respondent.

5.In view of the above, this Court, without going into the merits of the case, directs the first respondent to consider the petitioners' applications, dated 17.10.2015, 19.10.2015 and 26.10.2015 respectively, seeking for internal selection to the post of Technical Assistant, and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioners, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, these Writ Petitions stand disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Engineer - Personal, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 8th Floor, NPKRR Maligai, No.144, Anna Salai, Chennai - 02.

2.The Superintending Engineer, No.1, Vallam Road, Thanjavur.

4.The Superintending Engineer, CEDC/South Circle, 110KV K.K.Nagar, SS Complex, Chennai - 600 078.

+3cc to Mr.N.Sundaresan, Advocate, SR.No. 60353,60354,60355 +1cc to Mr.S.KARUNAKAR, Advocate, SR.No. 60323 W.P(MD)Nos.8018 to 8020 of 2017 11.04.2019 PS KK/SAR/02.05.2019/ 4P- 9C