Madras High CourtWP(MD)/22835/2016disposed of

N.Rajesh v. The Chief Engineer(Personnel)

2016-11-30Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.22835 of 2016 N.Rajesh ... Petitioner -vsThe Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Ltd., Administrative Branch, (TANGEDCO), 8th floor, 144, Anna Salai, Chennai - 600 002.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to review the order passed by him vide his Proceedings in Lr.No.062765/980/G.551/2014-1 dated 24.08.2015 based on the Petitioners Review Petition dated 11.11.2016 in regard to consider his case for appointment to the post of Assistant Engineer(Electrical) on par with his juniors in the employment seniority within the time limit that may be stipulated by this Court.

For petitioner ... M.G.Thalaimutharasu For Respondent ... Mr.G.Kasinatha Durai

O R D E R

The petitioner has made a representation to the respondent, requesting to appoint the petitioner in the post of Assistant Engineer (Electrical), pursuant to the orders passed by this court is WP(MD)No.10748 of 2014 dated 23.07.2015. The respondent has passed the impugned order dated 24.08.2015, giving the following two reasons for non-selection of candidature for the appointment of the petitioner to the post of Assistant Engineer (Electrical):

(i)The petitioner is not covered within the cut off date for backward class ie., 06.05.1997, since the petitioner has registered in the employment exchange during the year2011;

(ii)The petitioner has not completed one year apprenticeship training in TANGEDCO for providing preference for calling for interview."

2.Stating that the above said two reasons cannot be sustained in the eye of law, the petitioner has filed review petition dated 11.11.2016. As the review petition is not considered, this writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the respondent would submit that it is agreeable for the respondent to consider the review petition within the time frame to be fixed by this Court. 4.Accordingly, the respondent is directed to consider the review petition of the petitioner dated 11.11.2016 and to pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. 5.The writ petition is disposed of with the above direction. No costs. Consequently, WMP(MD)No.16337 of 2016 is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Ltd., Administrative Branch, (TANGEDCO), 8th floor, 144, Anna Salai, Chennai - 600 002.

+1cc to M/s.G.Kasinathadurai, Advocate in SR No.74311 +1cc to M/s.G.Thalaimutharasu, Advocate in SR No.74122 W.P(MD)No.22835 of 2016 MJ ANR/GSV-PM/05.12.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/