Madras High Court
Tamil Nadu Electricity Board vs M.Dayalan on 25 October, 2021
Writ Appeal No.482 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
Writ Appeal No.482 of 2012
1. Tamil Nadu Electricity Board,
rep. by its Chairman,
800, Anna Salai, Chennai - 2.
2. The Chief Engineer (Personnel)
Tamil Nadu Electricity Board,
800, Anna Salai, Chennai.
3. The Superintending Engineer,
Chennai Electricity Distribution Circle,
Central,
Tamil Nadu Electricity Board,
Chennai - 34. ... Appellants
vs.
1. M.Dayalan
2. B.Kamalasekaran
3. J.Jayabalan
4. S.Sundararajan
5. V.S.Karthikeyan
6. L.Selvinraj
7. D.C.Kamalakannan
8. G.Ekambaram
9. S.Jayakumar
Page No.1 of 8
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.482 of 2012
10. V.Bhaskar
11. S.Murali
12. V.Kannian
13. B.Arumugam
14. A.Dhanasekaran
15. S.K.Nazimudeen
16. A.Lawrence Wordsworth Selvaraj
17. R.Balaji
18. R.Ravi
19. M.Martin
20. G.Rajendran
21. R.Sreedhar
22. N.Jayaprabhu
23. D.Govindaraj ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 13.07.2010 passed by this Court in W.P.No.12861 of 2001.
For Appellants : Mr.R.Subramanian
For Respondents 1 to 9 : Mr.V.Stalin
JUDGMENT
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
Tamil Nadu Electricity Board, who are the contesting Respondents in
the Writ Petition, have come up with the present Appeal, aggrieved by the
order dated 13.07.2010 passed by the learned Single Judge in W.P.No.12861
of 2001.
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.482 of 2012
2. Writ Petitioners and Respondents 4 to 17 in the Writ Petition
were initially appointed as Helpers in the Electricity Board and have been
promoted as Wiremen on different dates. According to the Writ Petitioners,
they are seniors to Respondents 4 to 17 and their next avenue of promotion
was to the post of Line Inspector or to the post of Instrument Mechanic
Grade-I.
3. As per the Regulations of the Tamil Nadu Electricity Board, any
person who has worked in the category of Wireman or equivalent to that of a
Wireman, having six years experience in the type of work may be considered
for appointment to the post of Instrument Mechanic Grade I (or) Wireman or
those equivalent to Wireman who are qualified for promotion to the higher
post of Line Inspector/Line Inspector equivalent and those who have
possessed I.T.I. Certificate of Electrician, Instrumentation working in the
post of Wireman or Wireman equivalent, may be deputed for practical
training in MRT Section of the Circle as per seniority by fixing a period of
six months and after completion of successful training, they can be
considered for appointment to the post of Line Inspector/Instrument
Mechanic Grade I.
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.482 of 2012
4. It is seen that, Writ Petitioners were involved in field activities
and Respondents 4 to 17 in the Writ Petition were working in the MRT
Section and so, Writ Petitioners did not have six years of experience as
required in the said Regulation for promotion to the post of Instrument
Mechanic Grade I. According to the Writ Petitioners, they have not been
asked to go for a training and for no fault on their part, they cannot be
deprived of promotion.
5. As Respondents 4 to 17 in the Writ Petition were working in the
place where training was imparted and that, they have gained experience,
their cases have been considered and they were placed above the Writ
Petitioners, which, according to the Writ Petitioners is illegal and that, no
option has been given by the Electricity Board to enable the Writ Petitioners
to attend the training.
6. In the counter filed by the Electricity Board in the Writ Petition,
it is stated that, Respondents 4 to 17 had sufficient experience in the type of
work for six years and they have been promoted over and above the Writ
Petitioners, who have no such experience. After hearing the parties, learned
Single Judge posed a question to the learned counsel appearing for the
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.482 of 2012
Electricity Board as to whether any option was offered to the Wiremen either
to choose the work in the field activities or in the MRT Section, and the
learned counsel for the Board replied that, it was only by chance,
Respondents 4 to 17 worked in the MRT Section.
7. The learned Single Judge, after considering the submissions of
the learned counsel on either side, came to the conclusion that, the Writ
Petitioners are seniors to Respondents 4 to 17 and that, no option was given
to the Wiremen to choose either in the Field activity or in the MRT Section
and hence, held that, the case of the Writ Petitioners will have to be
considered for promotion and disposed of the Writ Petition in the following
terms:
“10. In the result, the Writ Petition is disposed of
in the following terms:
(i) The Respondents 1 to 3 are directed to treat
the promotion of the Petitioners as Line Inspectors with
effect from the date on which the Respondents 4 to 17 were
promoted as Instrument Mechanic Grade I and to restore the
seniority of the Petitioners above the Respondents 4 to 17;
(ii) The Respondents 1 to 3 shall notionally fix
their wages for the said post of Line Inspector with effect
from the said date for the purpose of fixing the future
wages. It is further directed that the Petitioners shall not be
entitled for backwages as per the refixation of their wages;
and
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.482 of 2012
(iii) It is further directed that, the further
promotion from the post of Line Inspector shall be on the
basis of the seniority to be restored in the post of Line
Inspector in pursuance of this order. No costs.”
8. Mr.V.Stalin, learned counsel appearing for Respondents 1 to 9
herein submitted that, for non-implementation of the order under challenge,
Contempt Petition has been filed and the same is pending. He further stated
that, the Superintending Engineer of the Appellant/Electricity Board has sent
a communication to the Chief Engineer of the Board that, the case of the Writ
Petitioners may be considered. It is also represented by Mr.V.Stalin, learned
counsel that, out of Respondents 1 to 9 herein, Respondents 5 and 7 viz.
V.S.Karthikeyan and D.C.Kamalakannan died and that, Respondents 3, 4 and
8 viz. J.Jayabalan, S.Sundararajan and G.Egambaram, retired from service.
9. We do not want to delve into the statement of the learned
counsel appearing for Respondents 1 to 9 herein, as no materials are placed
before us. Admittedly, no option was given to the Writ Petitioners to choose
either in the Field activity or in the MRT Section, and that, the Writ
Petitioners are seniors to Respondents 4 to 17 in the Writ Petition. It is also
represented that, Respondents 4 to 17 in the Writ Petition have no grievance
in placing the Writ Petitioners above them.
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.482 of 2012
10. It is represented by Mr.R.Subramanian, learned counsel
appearing for the Appellants/Electricity Board that, some of the Writ
Petitioners have already been promoted to the next stage.
11. Though this Court has condoned the delay in representing and
filing of the present Appeal and has also ordered restoration of the Appeal,
which was dismissed for default, we are of the view that, there is no need to
interfere with the order of the learned Single Judge, as notional benefits have
to be extended to the Writ Petitioners. Accordingly, the order dated
13.07.2010 passed by the learned Single Judge in W.P.No.12861 of 2001 is
confirmed. However, we make it clear that, the seniority of the Writ
Petitioners will have to be notionally fixed over and above Respondents 4 to
17 in the Writ Petition, and notional benefits need to be extended to them.
In fine, the Writ Appeal is dismissed with the above direction. No
costs. Consequently, connected M.P.No.1 of 2012 is closed.
[S.V.N.,J.] [R.V.,J.]
25.10.2021
Index : Yes/No
Speaking Order : Yes/No
(vm/aeb)
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.482 of 2012
S.VAIDYANATHAN,J.
AND
R.VIJAYAKUMAR,J.
(aeb)
Judgment in
W.A.No.482 of 2012
25.10.2021
https://www.mhc.tn.gov.in/judis/
