Madras High Court
K.S.Ravi vs The Tamil Nadu Electricity Board on 18 August, 2023
W.P.No.328 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.328 of 2011
and M.P.No.1 of 2011
K.S.Ravi ... Petitioner
-Vs-
1. The Tamil Nadu Electricity Board,
represented by its Chairman,
Mount Road, Madras-2.
2. The Chief Engineer/Personnel,
The Tamil Nadu Electricity Board,
represented by its Chairman,
Mount Road, Madras-2.
3. The Superintending Engineer,
Dharmapuri Electricity Distribution Circle,
Dharmapuri 5. ... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India
for the issuance of Writ of Mandamus, to direct the respondents to
appoint the petitioner to the post of Helper in the Tamil Nadu Electricity
Board.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.328 of 2011
For Petitioner : M/s V.Pavithra
for M/s V.Srimathi
For Respondents : Mr.K.Rajkumar
Standing Counsel for TNEB
ORDER
This Writ Petition has been filed for direction directing the
respondents to appoint the petitioner to the post of Helper in the Tamil
Nadu Electricity Board.
2. Heard the learned counsel for the petitioner and the learned
counsel for the respondents and perused the materials available on
record.
3. The petitioner is qualified with ITI-NAC/NTC,
electrician/Wireman. He had registered his qualification with the
employment exchange and he was born on 02.05.1971. Through
Employment Exchange, he had received a call letter to attend the
interview on 10.02.2009 to the post of Helper under the first respondent.
However, he was not selected to the said post for the reason that he had
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W.P.No.328 of 2011
crossed the age of 37. The Cut off date fixed was 01.07.2008. On
01.07.2008, the petitioner crossed the age of 37.
4. The learned counsel for the petitioner would submit that the
persons who were born in the month of May and June 1971 were
selected and whereas, the petitioner was not selected to the said post.
5. A perusal of the counter filed by the respondents revealed that
the petitioner was born on 02.05.1971. As on 01.07.2008, he had crossed
the age of 37. As per G.O.Ms.No.98 dated 17.07.2006 to fill up the
vacant posts by Direct Recruitment and relaxed the upper age limit for
entering Government Service by five years. Based on the above said
order the respondents issued an order dated 28.10.2006 and the upper
age limit of each community is given as follows:
Community Maximum Age
6. Further, as per the Judgment of the Hon'ble Supreme Court of
India in C.A.Nos.5285-5328 of 1996, the age limit for each community
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W.P.No.328 of 2011
is relaxed by one year for the candidates who have done apprentice
training in TNEB and they were given the opportunity to attend the
interview for the post of Helper. Therefore, the candidates as mentioned
in the affidavit by the petitioner were given age relaxation of one year,
since they had undergone Apprentice training under the first respondent.
Therefore, their age was relaxed for one year and appointed to the post of
Helper. Admittedly, the petitioner crossed the age of 37 on the date of
crucial date i.e., 01.07.2008. Therefore, he cannot be promoted as
Helper.
7. In view of the above, this writ petition is devoid of merits and
is liable to be dismissed. Accordingly, this writ petition is dismissed.
Consequently, connected Miscellaneous petition is closed. No costs.
18.08.2023
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
https://www.mhc.tn.gov.in/judis
W.P.No.328 of 2011
To
1. The Chairman,
The Tamil Nadu Electricity Board,
Mount Road, Madras-2.
2. The Chief Engineer/Personnel,
The Tamil Nadu Electricity Board,
represented by its Chairman,
Mount Road, Madras-2.
3. The Superintending Engineer,
Dharmapuri Electricity Distribution Circle,
Dharmapuri 5.
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W.P.No.328 of 2011
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.328 of 2011
18.08.2023
https://www.mhc.tn.gov.in/judis
