Madras High Court
S.Sarangapani vs Union Of India on 10 March, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.619 of 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No.619 of 2025
and
C.M.P.No.4975 of 2025
S.Sarangapani ... Appellant
Vs.
1.Union of India,
Rep. by its Secretary, Ministry of Coal,
New Delhi - 110 001.
2.Neyveli Lignite Corporation Limited,
Rep. by its Chairman - cum - Managing Director,
Neyveli - 607 801.
3.C.Senthamilselvan
Executive Director (Civil) & Chairman/ DPC,
Corporation Office, NLC Limited,
Neyveli - 607 801.
4.N.Muthu,
Chief General Manager (HR) & Member/ DPC,
NLC Limited, Neyveli - 607 801.
5.R.Mohan,
Chief General Manager (Finance) & Member/ DPC,
NLC Limited, Neyveli - 608 801.
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Page No.: 1 of 8
W.A.No.619 of 2025
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6.The Deputy General Manager (HR)/ EB,
Corporate Office/ HR Department,
NLC Limited, Neyveli - 607 801.
7.G.Thirunavukarasu, (CPF No. 25770)
Asst.Executive Manager/HR, Mine II,
NLC Limited, Neyveli 607 802.
8.Queen Anne, (CPF No. 30848)
Assistant Executive Manager/ Hr, MM
Complex, NLC Limited, Neyveli-607
807
9.S.Karunakara Rao (CPF No. 29233)
Asst. Executive manager/HR, TPS-I,
NLC Limited, Neyveli-607 807.
10.P.Kannan (CPF No. 26618)
Asst. Executive Manager/HR, TA
Dept., NLC Limited, Neyveli-607 801.
11.A.Geetha (CPF No. 32132)
Asst. Executive Manager/HR, EDC,
NLC Limited, Neyveli-607 803.
12.M.Thirugnanam (CPF No. 29221)
Asst. Executive Manager/HR, MM Complex,
NLC Limited, Neyveli-607 803.
13.M.Arunthathi (CPF No. 32654)
Asst. Executive Manager/HR, RM Office,
NLC Limited, Chennai -10
14.M.Sooriyakumar (CPF No. 27823)
Asst. Executive Manager/HR, PR Department,
NLC Limited, Neyveli-607 803.
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W.A.No.619 of 2025
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15.The Chief Vigilance Officer
NLC Limited, Neyveli-60801 .... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order in W.P.No. 20786 of 2013 dated 06.09.2024 and thereby
allow the WA.
For Appellant : S.Sarangapani, party-in-person
*****
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the order of the learned Single Judge made
in W.P.No.20786 of 2013.
2. The appellant challenged the promotion of respondents 3, 4, 5, 7 to 14
from E1 / E2 grade to post of Assistant Personnel Officer. The appellant raised
several contentions. His substantial contentions were that though the appellant
was well qualified than the promoted candidate, the Departmental Promotion
Committee did not consider the same, the promotions were not effected by the
Departmental Promotion Committee and there were manipulations and that the
Departmental Promotion Committee had gone only by the seniority.
3. The writ Court after referring to the relevant Rules held that the
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Departmental Promotion Committee has gone strictly in accordance with the
Rules. The learned Single Judge also had found that as per the Rules, the
marks that were awarded for every completed year of service was different and
by that process alone the persons who had rendered longer service were able to
get more marks. The criteria for promotion is also fixed under the Rules and it
is as follows:-
a) Number of years of service in the existing Grade.
b) Qualifications.
c) Performance in the existing job as indicated in the Annual
Appraisal Reports.
d) Performance in the assessment interview to find out the
potential for further advancement, quality of leadership, job
requirement to the particular Grade etc.,
e) Attendance norms.
4. Qualifications is one of the criteria. It is the claim of the appellant that
Departmental Promotion Committee has not made a fair assessment,
particularly fair assessment of the potential for further advancement, quality of
leadership, job requirement to the particular Grade etc.,
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5. We are afraid that we cannot entertain such a plea as the assessment is
subjective and when it is done by the experts we cannot substitute our opinion
to the opinion of the experts. The claim of the petitioner that there were
manipulations has not been established.
6. We therefore do not think we can interfere with the order of the writ
Court. The writ appeal fails and it is accordingly dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
(R.S.M.,J.) (G.A.M.,J.)
10.03.2025
dsa
Index : No
Neutral Citation : No
Speaking order
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To
1.Union of India,
Rep. by its Secretary, Ministry of Coal,
New Delhi - 110 001.
2.Neyveli Lignite Corporation Limited,
Rep. by its Chairman - cum - Managing Director,
Neyveli - 607 801.
3.C.Senthamilselvan
Executive Director (Civil) & Chairman/ DPC,
Corporation Office, NLC Limited,
Neyveli - 607 801.
4.N.Muthu,
Chief General Manager (HR) & Member/ DPC,
NLC Limited, Neyveli - 607 801.
5.R.Mohan,
Chief General Manager (Finance) & Member/ DPC,
NLC Limited, Neyveli - 608 801.
6.The Deputy General Manager (HR)/ EB,
Corporate Office/ HR Department,
NLC Limited, Neyveli - 607 801.
7.G.Thirunavukarasu, (CPF No. 25770)
Asst.Executive Manager/HR, Mine II,
NLC Limited, Neyveli 607 802.
8.Queen Anne, (CPF No. 30848)
Assistant Executive Manager/ Hr, MM
Complex, NLC Limited, Neyveli-607
9.S.Karunakara Rao (CPF No. 29233)
Asst. Executive manager/HR, TPS-I,
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NLC Limited, Neyveli-607 807.
10.P.Kannan (CPF No. 26618)
Asst. Executive Manager/HR, TA
Dept., NLC Limited, Neyveli-607 801.
11.A.Geetha (CPF No. 32132)
Asst. Executive Manager/HR, EDC,
NLC Limited, Neyveli-607 803.
12.M.Thirugnanam (CPF No. 29221)
Asst. Executive Manager/HR, MM Complex,
NLC Limited, Neyveli-607 803.
13.M.Arunthathi (CPF No. 32654)
Asst. Executive Manager/HR, RM Office,
NLC Limited, Chennai -10
14.M.Sooriyakumar (CPF No. 27823)
Asst. Executive Manager/HR, PR Department,
NLC Limited, Neyveli-607 803.
15.The Chief Vigilance Officer
NLC Limited, Neyveli-60801
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R.SUBRAMANIAN, J.
and
G.ARUL MURUGAN, J.
dsa
10.03.2025
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