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Madras High CourtWP(MD)/19689/2016disposed of

S.Sundararajan Gnanasekar v. M/S. Tamilnadu Generation And

2016-10-07Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.19689 of 2016 S.Sundararajan Gnanasekar ... Petitioner -vs1.M/s.Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 144, Anna Salai, Chennai - 600 002, rep.by its Chairman.

2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Tirunelveli - 11, Tirunelveli District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents to include the name of the petitioner in the appropriate place in the merit list for appointment to the post of Junior Engineer/ electrical II Grade against the vacancies reserved to be filled by RWE employees of non diploma holders in pursuant to the proceedings in letter No.067246/160/G55/G552/20151 dated 27.8.2015 with all consequential benefits. For Petitioner : Mr.V.Kannan For Respondents : Mr.G.Kasinatha Durai

O R D E R

This writ petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to include the name of the petitioner in the merit list for appointment to the post of Junior Engineer/Electrical II Grade, pursuant to the proceedings dated 27.08.2015, issued by the third respondent. 2.Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the admission stage.

3.The petitioner was recruited through employment exchange and appointed in the post of Helper by the proceedings dated 23.10.1987. Thereafter, he was promoted as Commercial Assistant on 30.04.1992 subsequently promoted to the post of Commercial Inspector on 24.07.2001 and he was re-posted to Alangulam. The Assistant Executive Engineer did not relieve the petitioner in time and only at the intervention of the Superintending Engineer, the petitioner was relieved on 29.10.2001.

4.Thereafter, the petitioner was promoted as Foreman I Grade and subsequently as Special Grade Foreman. Meantime, applications were called for appointment by promotion to the post of Junior Engineer/Electrical Grade II. The petitioner has sent application on 18.09.2015. But it was not considered saying that the petitioner's name was found below his juniors name. 5.The grievance of the petitioner is that due to administrative reasons, he was not relieved from duty to join in the post of Commercial Inspector and due to that his name was found below the name of his juniors. So stating, the petitioner has sent a representation dated 11.07.2016 to the respondents. As there was no order passed in the representation, the present Writ Petition has been filed.

6.It is agreeable for the respondents to consider the representation of the petitioner dated 11.07.2016 and to pass orders.

7.Accordingly, the second respondent is directed to consider the representation of the petitioner dated 11.07.2016 and to pass orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Chairman, M/s.Tamil Nadu Generation and Distribution Corporation Ltd.,(TANGEDCO), 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 144, Anna Salai, Chennai - 600 002. 3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Tirunelveli - 11, Tirunelveli District. +1 CC to Mr.V.KANNAN, Advocate, SR No.60337 mj SH/SKS-RR:21.11.2016:3P/5C W.P(MD)No.19689 of 2016