Madras High CourtWP(MD)/3443/2016disposed of

C.Viswanathan, v. The Chairman And Managing

2019-03-26Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.[MD]No.3443 of 2016 C.Viswanathan : Petitioner Vs.

1.The Chairman and Managing Director, TANGEDCO/TNEB Ltd., 10th Floor NPKAR Maligai, 144, Anna Salai, Chennai-2.

2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Electricity Avenue 8th Floor NPKAR Maligai, 144, Anna Salai, Chennai-2.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to promote the petitioner as Junior Engineer (J.E.Gr.II) by refixing the seniority in appropriate place above than M.Shanthi, Helper Sl.No.15, Selection list of J.E. Gr.II vide Memo No.009369/177/G15/G151/2009-1, dated 25.02.2009 and to consider the petitioner's representation within the time frame as fixed by this Court.

For Petitioner : Mr.D.Saravanan For Respondents : Mr.S.M.S.Johnny Basha Standing Counsel *********

O R D E R

*********** Seeking a direction to the respondents for promotion by refixing the seniority, by considering his representation dated 07.12.2015, the petitioner has filed the present Writ Petition.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. The case of the petitioner is that he was initially appointed as Helper on compassionate ground and thereafter, promoted

as Foreman to Technical Assistant (Mechanical). Claiming that his juniors were promoted as Junior Engineer Grade II, he sent a representation dated 07.12.2015 to the respondents seeking refixation of seniority and promotion placing him in appropriate place above M.Shanthi, Helper. However, the respondents have not taken any steps so far on the same. Therefore, the petitioner has filed the present Writ Petition for the reliefs as stated supra.

4. The learned Standing Counsel appearing for the respondents, on instructions, fairly submitted that the petitioner's representation is now under consideration.

5. Considering the facts and circumstances of the case and also having regard to the submission made by the learned Standing Counsel appearing on behalf of the respondents, this Court, without going into the merits of the case, directs the respondents to pass appropriate orders on the representation of the petitioner dated 07.12.2015 on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS ) +1 CC to M/s.D.SARAVANAN, Advocate in SR-56647 W.P.[MD]No.3443 of 2016 Dated:26.03.2019 sml PK/23.04.2019 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/