Madras High Court
V.N.Chakravarthy vs The Chairman Cum Managing ... on 25 March, 2022
W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
and W.M.P.Nos.7299, 7303, 7308, 7311 & 7313 of 2022
V.N.Chakravarthy ... Petitioner in WP/7266/2022
K.Arulananthan ... Petitioner in WP/7270/2022
D.Baskar ... Petitioner in WP/7276/2022
S.Murugan ... Petitioner in WP/7279/2022
G.Jothilakshmi ... Petitioner in WP/7281/2022
Vs.
1.The Chairman cum Managing Director,
Tamil Nadu Generation and Distribution
Corporation Ltd.,/Tamil Nadu Transmission
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600002.
2.The Chief Engineer Personnel,
Tamil Nadu Generation and Distribution
Corporation Ltd./Tamil Nadu Transmission
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600002.
3.The Registrar,
Vinayaka Missions University,
Director of Distance Education,
Ariyanur, Salem – 636308. ... Respondents in all WPs
https://www.mhc.tn.gov.in/judis
W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
Common Prayer : These Writ Petitions have been filed under Article
226 of the Constitution of India praying for the issuance of Writ of
Mandamus, to direct the first and second respondents to extent the benefit
of Government Orders in G.O.Ms.No.270 Higher Education (J1)
Department dated 03.12.2019 and G.O.Ms.No.4 Higher Education (J1)
Department dated 07.01.2022 in the petitioners' case for re-designation as
Assistant Engineer (Electrical) based on the petitioners' representations
dated 09.03.2021, 09.03.2021, 17.03.2021, 15.03.2021 and 15.03.2021
respectively, within the time limit that may be stipulated by this Hon'ble
Court.
For Petitioners : Mr.G.Thalaimutharasu
(in all WPs)
For Respondents : Mr.P.Subramanian
(in all WPs) (TNEB)
COMMON ORDER
The relief sought for in the writ petition is for Certiorarified
Mandamus to direct the first and second respondents to extent the benefit
of Government Orders in G.O.Ms.No.270 Higher Education (J1)
Department dated 03.12.2019 and G.O.Ms.No.4 Higher Education (J1)
Department dated 07.01.2022 in the petitioners' case for re-designation as
https://www.mhc.tn.gov.in/judis
W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
Assistant Engineer (Electrical) based on the petitioners' representations
dated 09.03.2021, 09.03.2021, 17.03.2021, 15.03.2021 and 15.03.2021
respectively, within the time limit that may be stipulated by this Court.
2.Brief facts of the case:
(a).It is the case of the petitioners herein that they all have joined
in the respondent's Corporation after completing the diploma in Electrical
and Electronics Engineering to the post of Technical Assistant.
Thereafter, they were promoted to the subsequent posts. After obtaining
the prior permission to undergo B.E degree through distance education,
the petitioners have pursued and completed the said course. As per the
board proceedings in B.P.Ms.(FB).No.65, dated 12.08.1985, on
acquisition of engineering degree, the Junior Engineer, Grade-1, were to
be redesignated as Assistant Engineer and will be ranked in the seniority
list of Assistant Engineer with reference to the acquisition of
qualification. Whileso, the persons, who obtained B.E Degree through
distance mode was put under test before the Hon'ble Supreme Court in
Civil Appeal No.17869-17870 of 2017 in the case of Orisa Lift
Irrigation Corporation Ltd., Vs. Rabishankar Patro & Others and
wherein, the Hon'ble Supreme Court had suspended the degrees obtained
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W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
by the candidates who passed such degree though distance education
mode and further directed such students, who perceived the engineering
degree through distance education mode, to pass an examination under
the joint supervision of AICTE-UGC and promotion granted to such
persons who obtained the degree through distance education will be
governed on the basis of their passing the test by AICTE.
(b).This position was sought to be clarified in M.A.Nos.1795 &
1796 of 2017, wherein, the petitioners herein were also a party. The
Hon'ble Apex Court after hearing the arguments, gave a direction for one
time relaxation in favour of those candidates, who were enrolled during
the Academic year 2001-2005, who are eligible to appear at the test to be
conducted by AICTE. It was also clarified that no more such choices or
exception will be given or made. Consequently, the petitioners herein
appeared for the special test conducted by the AICTE-UGC and obtained
validation certificate in the month of December 2018. Thereafter, the
petitioners made a representation to the respondents on 06.03.2019
followed by 28.02.2020 seeking to re-designate them as Assistant
Engineers with effect from the date of the getting original degree and fit
them according to the seniority. Hence, the writ petition.
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W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
3.The learned counsel for the petitioner would submit that the
directions of the Hon'ble Supreme Court is very clear to the effect that
those persons, who have cleared the test within the stipulated time will
get all the benefits restored to the and their degrees will stand revived
fully and hence, the learned counsel for the petitioner submitted that the
petitioners are entitled to be re-designated as Assistant Engineers and
they must be given the seniority as per the date of inception into service.
4.The learned Standing Counsel appearing for the respondent
corporation would submit that the petitioners have approached this Court
after a substantial delay and if the request made by the petitioners is
considered, it will cause effect in the settled position of the seniority of
the Assistant Engineer. He would also submit that the promotion is not
an automatic process and it depend upon availability of the vacancies in
the post of Assistant Engineers and therefore, without getting into the
zone of the consideration the petitioners will not be entitled for being
considered for the promotion to the post of Assistant Engineer. Further,
the learned Standing Counsel submitted that if at all the petitioners are
entitled for re-designation, it can be considered only after the revalidation
of the degree and taken date back to the date of joining.
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W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
5.Heard the learned counsels on either side and perused the
materials placed on record.
6.It is not in dispute that the Hon'ble Supreme Court has
suspended the degree of all those students who underwent the course in
the third respondent/deemed Universities through distance education and
completed the course and the Hon'ble Supreme Court had directed the
AICTE to conduct test for all those students who underwent the course in
the deemed universities. Those students were given two choices to clear
the test and if they clear the test within those two chances, all the
advantages or benefits were directed to be restored to them and therefore,
degree stands fully revived. It is also an admitted fact that the petitioners
were parties to the above proceedings. Pursuant to the said judgment of
the Hon'ble Supreme Court, the petitioners have appeared in the test
conducted by the AICTE and got their degrees validated.
7.In view of the above, this Court is inclined to direct the
respondent to consider the petitioners representations dated 06.03.2019
followed by 28.02.2020, seeking for re-designation as Assistant
Engineers in accordance with the service regulations and consider their
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W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
seniority and fit them accordingly in the seniority list and pass
appropriate orders within a period of twelve weeks from the date of
receipt of a copy of this order.
8.With the above direction these writ petitions disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
25.03.2022
Dua
Internet:Yes
To
1.The Chairman cum Managing Director,
Tamil Nadu Generation and Distribution
Corporation Ltd.,/Tamil Nadu Transmission
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600002.
2.The Chief Engineer Personnel,
Tamil Nadu Generation and Distribution
Corporation Ltd./Tamil Nadu Transmission
Corporation Ltd.,
No.144, Anna Salai, Chennai – 600002.
3.The Registrar,
Vinayaka Missions University,
Director of Distance Education,
Ariyanur, Salem – 636308.
https://www.mhc.tn.gov.in/judis
W.P.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
D.KRISHNAKUMAR, J.
Dua
WP.Nos.7266, 7270, 7276, 7279 & 7281 of 2022
and WMP.Nos.7299, 7303, 7308, 7311 & 7313 of 2022
25.03.2022
https://www.mhc.tn.gov.in/judis
