Madras High Court
Saravanan vs The Chairman Cum Managing ... on 28 November, 2022
W.P. No.31810 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.31810 of 2022
Saravanan ...Petitioner
vs.
1. The Chairman Cum Managing Director,
Tamil Nadu Electricity Board,
No.144, Anna Salai,
N.P.K.R.R. Maligai,
Chennai – 600 002.
2. The TANGEDCO,
Represented by the Secretary,
No.144, Anna Salai,
N.P.K.R.R. Maligai,
Chennai – 600 002.
3. The Chief Engineer (Personnel),
TANGEDCO,
No.144, Anna Salai,
N.P.K.R.R. Maligai,
Chennai – 600 002.
4. The Superintending Engineer,
O/o. Superintending Engineer,
Tirupathur Electricity Distribution Circle,
Tirupathur. ...Respondents
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W.P. No.31810 of 2022
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 4th respondent to include
petitioner in the promotion panel list for the post of Accounts supervisor
called for by the 3rd respondent by way of letter
No.018279/258/G.52/G.521/2022, dated 21.06.2022 by considering
petitioner representation dated 01.10.2022.
For petitioner : Mr.D. Bennington
For respondents : Mr.K. Rajkumar,
Standing Counsel
ORDER
By consent of both the parties, this writ petition has been taken up
for final disposal at the admission stage itself.
2. Mr. K. Rajkumar, learned Standing counsel accepts notice for the
respondents / TNEB.
3. The petitioner apprehends that his name will not be included in
the promotion panel for the post of Accounts supervisor to be called for
by the 3rd respondent. According to the petitioner, he was promoted to the
post of Assistant belatedly and his juniors were promoted to the said post
much earlier. It is his case that even in the earlier promotion panel for the
post of Assistant in the year 2019, his name was not included along with
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W.P. No.31810 of 2022
his juniors, but only thereafter in the month of December 2021, he was
promoted to the post of Assistant. Similarly, he apprehends that for the
next promotional post of Accounts Supervisor, his name may not be
included in the promotion panel likely to be called for, shortly by the 3rd
respondent. In such circumstances, he has given a representation on
01.10.2022 requesting to include his name in the promotion panel for the
post of Accounts Supervisor. Since the representation has not been
considered till date, he has filed this writ petition.
4. Heard Mr.D. Bennington, learned counsel for the petitioner and
Mr.K. Rajkumar, learned Standing counsel for the respondents / TNEB.
5. At the outset, the learned Standing counsel appearing for the
respondents would submit that the present writ petition is not maintainable
on the ground that the petitioner had not challenged the earlier promotion
panel drawn for the post of Assistant in the year 2019, where the
petitioner's name was excluded.
6. The learned Standing counsel also relies upon a judgment of the
Division Bench of this Court dated 22.09.2020 in the case of
S.Periyasamy vs. The Chairman cum Managing Director and two
others in W.P. No.9328 of 2020 and would submit that as per the said
judgment, the petitioner is not eligible to be included in the proposed
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W.P. No.31810 of 2022
promotion panel for the post of Accounts Supervisor. The said contention
of the learned Standing counsel is recorded.
7. However, since the petitioner reiterates his claim for inclusion in
the promotion panel for the post of Accounts Supervisor to be called for
shortly by the 3rd respondent, this Court is of the considered view that no
prejudice would be caused to the respondents, if the petitioner's
representation is considered on merits and in accordance with law, within
a time frame to be fixed by this Court.
8. For the foregoing reasons, this Court directs the 4th respondent to
pass final orders on merits and in accordance with law, on the petitioner's
representation, dated 21.06.2022 seeking for inclusion of his name in the
promotion panel for the post of Accounts Supervisor to be called for by the
3rd respondent within a period of twelve weeks from the date of receipt of
a copy of this order.
9. With the aforesaid directions, this writ petition stands disposed
of. No costs.
28.11.2022
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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W.P. No.31810 of 2022
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To
1. The Chairman Cum Managing Director,
Tamil Nadu Electricity Board,
No.144, Anna Salai,
N.P.K.R.R. Maligai,
Chennai – 600 002.
2. The TANGEDCO,
Represented by the Secretary,
No.144, Anna Salai,
N.P.K.R.R. Maligai,
Chennai – 600 002.
3. The Chief Engineer (Personnel),
TANGEDCO,
No.144, Anna Salai,
N.P.K.R.R. Maligai,
Chennai – 600 002.
4. The Superintending Engineer,
O/o. Superintending Engineer,
Tirupathur Electricity Distribution Circle,
Tirupathur.
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W.P. No.31810 of 2022
ABDUL QUDDHOSE, J.
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W.P. No.31810 of 2022
28.11.2022
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