Pownraj, v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2016
CORAM
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) Nos.19505 to 19507 of 2016 Pownraj ... Petitioner in WP(MD)No.19505/2016 K.Pubendran ... Petitioner in WP(MD)No.19506/2016 K.Moorthy ... Petitioner in WP(MD)No.19507/2016 -vs1.The Superintending Engineer, Theni Division, Tamil Nadu Electricity Supply and Distribution Corporation, NRT Nagar Road, Theni - 625 531.
2.The Executive Engineer, (Distribution), Tamil Nadu Electricity Supply and Distribution corporation, NRT Nagar Road, Theni - 625 531.
... Respondents in all W.Ps.
Common Prayer:-Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the promotional list issued by the 2nd respondent in Ku.Aa.No/Cha.po/pa/Theni/cepm/epnk/c1/nfh//A.No.409/ 2016 for the post of Field Assistant and quash the same insofar as wrong allotment of work place to the petitioner and consequently direct the 2nd respondent to allot the promotional post of Field Assistant for the petitioner to Theni Circle based upon the petitioners' representation dated 28.09.2016 in light of the proceedings in Memo No.11412/G11/G/111/2001-2 dt.3.01.2002.
For Petitioners : Mr.C.Jeyaprakash (in all W.Ps.) For Respondents : Mr.S.Dhayalan (in all W.Ps.)
COMMON ORDER These Writ Petitions have been filed to quash the promotional list issued by the second respondent dated 24.09.2016 for the post of Field Assistant and consequently direct the second respondent to allot the promotional post of Field Assistant for the petitioners to Theni Circle based upon their representations dated 28.09.2016.
2.Heard the learned counsel appearing for the petitioners and the learned standing counsel who takes notice for the respondents. By consent the writ petitions are taken up for final disposal at the admission stage.
3.The petitioners have joined as Mazdoor (trainees) in the respondent department on 27.11.2012, 25.09.1999 and 28.11.2012 respectively. Now the petitioners are working in Theni Town Circle. While so, the first respondent prepared a seniority panel for the post of Helper. The seniority numbers of the petitioners are 36, 47 and 48 respectively and they were promoted as Filed Assistants. The Chief Engineer, TANGEDCO issued the proceedings dated 03.01.2002, wherein certain guidelines have been issued for allotment of place for promotees.
4.The grievance of the petitioners is that as per the guidelines issued in the said proceedings, the petitioners should be posted within the respective circle, instead, the petitioners were posted to some other circle, which is contrary to the guidelines of the Chief Engineer, TANGEDCO. So stating, the petitioners have submitted the representations dated 28.09.2016, seeking their posting in the promoted post within Theni Circle. As the representations were not considered, these Writ petitions have been filed.
5.The learned counsel appearing for the petitioners would submit that if the representations dated 28.09.2016 are considered in the light of the proceedings of the Chief Engineer, TANGEDCO dated 03.01.2002, that will be sufficient, compliance with the request of the petitioners.
6.It is agreeable for the respondents to consider the representations of the petitioners dated 28.09.2016. 7.Accordingly, the respondents are directed to consider the representations of the petitioners dated 28.09.2016 in the light of the proceedings of the Chief Engineer, TANGEDCO dated 03.01.2002 and to pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
8.These Writ Petitions are disposed of with the above direction. No costs. Consequently, connected WMP(MD)Nos.14068 to 14070 of 2016 are closed.
Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To +3 cc's to M/s.C.Jeyaprakash, Advocate in SR.No. 59616 to 59618 mj CSL/SS-2/17.11.2016:3P/4C W.P(MD) Nos.19505 to 19507 of 2016 06.10.2016