Madras High Court
The Chief Engineer/Personnel vs A.C. Selvamani on 4 February, 2021
WA No. 3884/2019 & WP No.14337/2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04-02-2021
Coram:
The Honourable Mr. Justice R. Subbiah
and
The Honourable Mr. Justice Sathi Kumar Sukumara Kurup
Writ Appeal No. 3884 of 2019
and
Writ Petition No. 14337 of 2020
---
Writ Appeal No. 3884 of 2019
1. The Chief Engineer/Personnel
Tamil Nadu Electricity Board/TANGEDCO
8th Floor, NPKRR Maaligai
TNEB Complex, 144, Anna Salai
Chennai - 600 002
2. The Chairman
Tamil Nadu Electricity Board/TANGEDCO
8th Floor, NPKRR Maaligai
TNEB Complex, 144, Anna Salai
Chennai - 600 002 .. Appellants
Versus
1. A.C. Selvamani
Wire Man
Office of Assistant Engineer
MPT/Lab/CEDC Chennai Central
Nandhanam, Chennai - 35
2. R. Velmurugan
Field Assistant
Office of the Assistant Engineer
https://www.mhc.tn.gov.in/judis/
Maintenance 230 KV Sub Station
Ponnapuram, Salem - 636 106
WA No. 3884/2019 & WP No.14337/2020
3. A. Vasudevan
Commercial Inspector
Office of Assistant Executive Engineering
Operation and Maintenance/East
Namagiripettai, Namakkal Circle
Namakkal
4. M. Radhakrishnan
Commercial Assistant
Office of Assistant Engineer
Jalagandapuram/North
Mettur Distribution Circle
Mettur, Salem
5. P. Ponnusamy
Commercial Inspector
Operation and Maintenance/Moore Palayam
Tiruchengode, Namakkal Circle
Namakkal
6. S. Jothi
Field Assistant
Office of Assistant Engineer
Operation and Maintenance/Rural North
Cuddalore OT, Cuddalore
7. M. Thentamil
Commercial Assistant
Office of Assistant Engineer
Operation and Maintenance/
Jalagandapuram South
Mettur Distribution Circle
Mettur, Salem
8. S. Chitradevi
Commercial Assistant
Office of Junior Engineer
Operation and Maintenance/Kadampatty II
Mettur EDC
https://www.mhc.tn.gov.in/judis/
9. A. Kannan
Commercial Assistant
WA No. 3884/2019 & WP No.14337/2020
Office of Assistant Engineer
Operation and Maintenance/
Tiruchengode Central
Namakkal EDC, Namakkal
10. A. Sridhar
Commercial Assistant
Office of Junior Engineer
Operation and Maintenance/Gobi North
Gobi EDC
11. N. Kumaravel
Commercial Assistant
Office of Junior Engineer
Nambiyur 110KV Sub Station
Gobi EDC
12. R. Raja
Commercial Assistant
Office of Assistant Engineer
Operation and Maintenance/Chitoor
Mettur EDC
13. S. Kalaiselvi
Commercial Assistant
Office of Assistant Engineer
Operation and Maintenance/
Tiruchengode North
Namakkal EDC
14. C. Lavanya
Commercial Inspector
Office of Assistant Engineer
Operation and Maintenance/Kannankurichi
Salem EDC, Salem
15. S. Thahir Basha
Field Assistant
Office of Assistant Engineer
Operation and Maintenance/Kadaperi
https://www.mhc.tn.gov.in/judis/
Chennai South II EDC
WA No. 3884/2019 & WP No.14337/2020
16. T. Rajathi
Commercial Assistant
Office of Assistant Engineer
Operation and Maintenance/Vandavasi
Mettur EDC/Mettur Dam-1
17. G. Srineevasan
Assessor
Office of Assistant Engineer
Operation and Maintenance/Vishnu Kanghi
Kanchipuram EDC
18. The All India Council for Technical Education (AICTE)
Southern Regional Office
Shastri Bhavan
No.26, Haddows Road, Nungambakkam
Chennai - 600 006
(18th respondent impleaded as per order dated
04.12.2019 made in CMP No. 25628 of 2019
in WA No. 3884 of 2019) .. Respondents
WP No. 14337 of 2020
1. Shirajudeen
Son of S. Ismail
Commercial Inspector
Office of Assistant Engineer/Town/Bodi
Theni EDC
2. K. Sivakumar
Son of Kanniappa Mudhaliar
Commercial Inspector
Office of Executive Engineer/Distn/Theni Division
Theni EDC
3. S. Muppidathi
Son of N. Subramanian
Commercial Assistant
https://www.mhc.tn.gov.in/judis/
Office of Assistant Engineer/Rural/Sankarankovil
Sankarankovil Division
WA No. 3884/2019 & WP No.14337/2020
Tirunelveli EDC
4. K. Dhanasekar
Son of Kasi
Wireman
Office of Junior Engineer/O&M/Kathiyavadi
/Arcot Division/Vellore Circle .. Petitioners
Versus
1. The Chief Engineer/Personnel
Tamil Nadu Electricity Board/TANGEDCO
8th Floor, NPKRR Maaligai
TNEB Complex, 144, Anna Salai
Chennai - 600 002
2. The Chairman
Tamil Nadu Electricity Board/TANGEDCO
8th Floor, NPKRR Maaligai
TNEB Complex, 144, Anna Salai
Chennai - 600 002 .. Appellants
WA No. 3884 of 2019
For Appellants : Mr. Anand Gopalan
For Respondents : Mr. M. Vijaya Kumar for RR1 to 17
Mr. B. Rabu Manohar for R18
WP No. 14337 of 2020
For Petitioners : Mr. M. Vijayakumar
For Respondents : Mr. Anand Gopalan
for M/s. T.S. Gopalan
COMMON JUDGMENT
Judgment of the Court was delivered by R. Subbiah, J
The Writ Appeal has been filed by the Tamil Nadu Electricity Board as
https://www.mhc.tn.gov.in/judis/
against the order passed by the learned single Judge on 14.03.2019 allowing
WA No. 3884/2019 & WP No.14337/2020
the writ petition No. 11609 of 2017 filed by the respondents 1 to 17/writ
petitioners, who are employees of the Tamil Nadu Electricity Board working in
various posts. The writ petition No. 11609 of 2017 was filed for a Mandamus
to direct the respondents therein to promote the writ petitioners to the post of
Technical Assistant (Electrical) for internal selections under available vacancies
of the respondents corporation on par with their juniors with effect from
22.09.2016 with all service and monetary benefits within a time limit to be
specified by the Court.
2. WP No. 14337 of 2020 has been filed by the petitioners seeking to
issue a Writ of Mandamus directing the respondents to promote the petitioners
retrospectively to the post of Technical Assistant (Electrical) and further
promotions for internal selection under available vacancies of the respondents'
corporation on par with their juniors w.e.f. 22.09.2016 with all service and
monetary benefits within the time limit fixed by this Court.
3. Since the issues involved in W.A. No. 3884 of 2019 is identical
and connected with the issues involved in the writ petition No. 14337 of 2020,
WP No. 14337 of 2020 was also directed to be posted along with the Writ
Appeal No. 3884 of 2019 for disposal.
https://www.mhc.tn.gov.in/judis/
WA No. 3884/2019 & WP No.14337/2020
4. The claim of the writ petitioners in WP No. 11609 of 2017 as also
WP No. 14337 of 2020 is that they are Diploma holders of vertically integrated
Engineering programme conferred by Indira Gandhi National Open University.
Based on such qualification, the writ petitioners sought for promotion to the
post of Technical Assistant (Electrical). Originally, their claim was not
accepted because the Diploma obtained by them was not recognised by All
India Council for Technical Education. According to the writ petitioners, in
similar and identical matter before the Honourable Supreme Court, in the case
of Mukul Kumar Sharma and others vs. All India Council for Technical
Education and others passed in WP (C) No. 382 of 2018 dated 30.07.2018,
The All India Council for Technical Education (AICTE) has stated No
Objection for recognising the B.Tech Decree/ Diploma conferred by IGNOU.
Following the said decision of the Honourable Supreme Court, in the letters
dated 11.12.2018 and 06.12.2019, AICTE has taken a definite stand that in
view of the Judgment of Honourable Supreme Court dated 30.07.2018 in
Mukul Kumar Sharma and others vs. AICTE and others, they have no
objection for recognising B.Tech degree/diploma in Engineering awarded by
IGNOU to the students who were enrolled upto the academic year 2009-2010
to be treated as valid as a special case and it could not be taken as a
precedence.
https://www.mhc.tn.gov.in/judis/
WA No. 3884/2019 & WP No.14337/2020
5. On 10.12.2019, when the above writ appeal was taken up for
hearing, this Court directed AICTE to file an affidavit stating as to whether the
programme undertaken by the respondents had been approved by AICTE or
not and more particularly, whether the course undergone by the respondents in
the year 2010-2012 was under open distance education mode or not.
6. Pursuant to such direction, an affidavit dated 08.12.2020 has been
filed by the Regional Officer, AICTE along with judgment dated 18.09.2020 of
the the Honourable Supreme Court passed in WP (C) No. 1341 of 2019 in the
case of (Md. Naseem Baig and others vs. All India Council for Technical
Education and others) in WP (C) No. 1341 of 2019 wherein it has been held
as follows:-
"Heard the learned counsel for the parties.
In the present case, the petitioners before us are diploma
holders in what is called the Vertically Integrated Engineering
Programme, which is one of the two distance education courses
conducted by IGNOU. We had, vide order dated 11.03.2019,
stated that degrees and diplomas of IGNOU in such distance
education courses up to the years 2009-2010 be left undisturbed.
We grant the same relief to the petitioners who will be covered in
the years 2010-2011 and 2011-2012.
We make it clera that since there is no distance education
courses in IGNOU after these years and these are the last batches
who will be granted the reliefs that were granted by our order
dated 11.03.2019, as a one-time measure therefore, these batches
will also be granted this relief. We allow this writ petition with
no order as to costs."
https://www.mhc.tn.gov.in/judis/
WA No. 3884/2019 & WP No.14337/2020
7. Today, when the writ appeal as well as writ petitions were taken
up for hearing, it is stated by the learned counsel for AICTE that the said
judgment applies to the case of the writ petitioners herein. It is further stated
that as per the decision of the Honourable Supreme Court, AICTE recognises
the decree and diploma awarded by IGNOU through distance education to the
candidates who were enrolled with IGNOU upto the academic sessions 2010-
2011 and 2011-2012 and no further separate order needs to be issued by
AICTE.
8. Accordingly, the appellants are directed to consider the
representation of the writ petitioners in the light of the Judgment referred to
above and to pass appropriate orders with regard to the claim of promotion
preferably within a period of four weeks from the date of receipt of a copy of
this order. The Writ Appeal as well as the writ petition are disposed of. No
costs. Consequently, connected miscellaneous petition (s) are closed.
(R.P.S.J.,) (S.S.K.J.,)
04-02-2021
rsh
https://www.mhc.tn.gov.in/judis/
WA No. 3884/2019 & WP No.14337/2020
To
1. The Chief Engineer/Personnel
Tamil Nadu Electricity Board/TANGEDCO
8th Floor, NPKRR Maaligai
TNEB Complex, 144, Anna Salai
Chennai - 600 002
2. The Chairman
Tamil Nadu Electricity Board/TANGEDCO
8th Floor, NPKRR Maaligai
TNEB Complex, 144, Anna Salai
Chennai - 600 002
https://www.mhc.tn.gov.in/judis/
WA No. 3884/2019 & WP No.14337/2020
R. Subbiah, J
and
Sathi Kumar Sukumara Kurup, J
rsh
WA No. 3884 of 2019
and
WP No. 14337 of 2020
04-02-2021
https://www.mhc.tn.gov.in/judis/
