Madras High Court
K.C.Rajesh vs 2 The Chief Engineer/ Personnel ... on 10 October, 2022
W.P.No.26539 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:10.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.26539 of 2022
K.C.Rajesh ... Petitioner
vs.
1 The Chairman
Tamil Nadu Generation and Distribution Corporation Ltd
No.144 Anna Salai
Chennai-600 002.
2 The Chief Engineer/ Personnel (FAC)
Tamil Nadu Generation and Distribution Corporation Ltd
No.144 Anna Salai
Chennai-600 002. ...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
for writ of Mandamus directing the respondents to consider and pass orders
on the representation of the petitioner dated 15.03.2022 with regard to
include the name of the petitioner in the approved panel for promotion to
the post of Accounts Supervisor for the year 2006- 2007 vide CE / Personal
Memo No.019774/ 67/ G29 / G292 / 2006- 8 dated 26.12.2006 by fixing
petitioners name in the appropriate place in between S1.No.1571
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.26539 of 2022
Tmt.S.Thamaraiselvi and S1.No.1572 Thiru. M.Velmurugan with all
consequential benefits in the light of the order passed in W.A. (MD)
No.121/ 2008 dated 01.12.2012 and vide Memo No. 053669/ 967/ G.52/
G.521/ 2021 dated 03.02.2022 of the 2nd respondent.
For Petitioner : Mr.S.N.Ravichandran
For Respondents : Mr.P.Subramanian,
Standing Counsel
ORDER
This writ petition has been filed for a mandamus seeking for a
direction to the respondents to include the name of the petitioner in the
approved panel list for promotion to the post of Account Supervisor for the
year 2006-07 by fixing the petitioner's name in the appropriate place i.e.,
between Sl.No.1571 - S.Thamaraiselvi and Sl.No.1572 - M.Velmurugan
with all consequential benefits in the light of the order passed in W.A
(MD).No.121 of 2008 dated 01.12.2012.
2. Mr.P.Subramanian, learned Standing Counsel accepts notice on
behalf of the respondents. By consent of both parties, this writ petition is
taken up for final disposal in the admission stage itself.
3. According to the petitioner, similarly placed employees were
https://www.mhc.tn.gov.in/judis
W.P.No.26539 of 2022
included in the approved panel for promotion of Account Supervisor for the
year 2006 -07. It is also contented by the petitioner that he possessed
necessary qualification for the promotion of Account Supervisor in the year
2006-07 itself, but his name was excluded from the promotion list.
Thereafter according to the petitioner, some of the similarly placed
employees approached this Court and vide judgment of this Court dated
01.12.2012 passed in W.A.(MD).No.121 of 2008, the Division Bench of this
Court directed the respondents to include them in the promotion list of
Account Supervisor for the year 2006-07. The petitioner claims that he
being similarly placed, also has to be promoted as an Account Supervisor
for the year 2006-07 in the light of the decision rendered by the Division
Bench of this Court in W.A (MD).No.121 of 2008 dated 01.12.2012. The
petitioner has given a representation on 15.03.2022 for the said purpose.
Since the said representation has not been considered till date, the petitioner
has filed this writ petition.
4. Heard Mr.S.N.Ravichandran, learned counsel for the petitioner and
Mr.P.Subramanian, learned Standing Counsel appearing for the respondents.
5. At the outset, learned standing counsel appearing for the
https://www.mhc.tn.gov.in/judis
W.P.No.26539 of 2022
respondents would submit that the claim of the petitioner is hopelessly
barred on the ground of laches as after a period of fifteen years from the
date of approval of promotion panel, the petitioner has approached this
Court. He would also contend that the decision rendered by the Division
Bench of this court relied upon by the learned counsel for the petitioner will
not apply to the case of the petitioner.
6. However, this Court is of the considered view that no prejudice
would be caused to the respondents, if the petitioner's representation
referred to supra is considered on merits and in accordance with law, after
giving due consideration to the Judgment of the Division Bench of this
Court dated 01.12.2012 passed in W.A (MD).No.121 of 2008 which
according to the petitioner, is applicable to him also.
7. For the foregoing reasons, this Court directs the second respondent
to pass final order in the petitioner's representation dated 15.03.2022
requesting for including his name in the approval panel for promotion to the
post of Account Supervisor for the year 2006-07, after giving due
consideration to the judgment dated 01.12.2012 passed by the Division
https://www.mhc.tn.gov.in/judis
W.P.No.26539 of 2022
Bench of this Court in W.A.(MD).No.121 of 2008 on merits and in
accordance with law, within a period of twelve weeks from the date of
receipt of a copy of this order.
8. With the aforesaid direction, this writ petition is disposed of. No
costs.
10.10.2022
nl
Index:Yes/No
Internet:Yes/No
Speaking/Non-speaking orders
To
1 The Chairman
Tamil Nadu Generation and Distribution Corporation Ltd
No.144 Anna Salai
Chennai-600 002.
2 The Chief Engineer/ Personnel (FAC)
Tamil Nadu Generation and Distribution Corporation Ltd
No.144 Anna Salai
Chennai-600 002.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis
W.P.No.26539 of 2022
nl
W.P.No.26539 of 2022
10.10.2022
https://www.mhc.tn.gov.in/judis
