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Madras High Court

A.Ashwin Paul vs Tamil Nadu Generation And Distribution ... on 13 March, 2023

Author: S.Srimathy

Bench: S.Srimathy

                                                                     W.P.(MD).Nos.1759 and 1760 of 2016



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 13.03.2023

                                                     CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                        W.P.(MD).Nos.1759 and 1760 of 2016
                                                       and
                                  W.M.P.(MD).Nos.1519, 1520, 1521 and 1522 of 2016



                W.P.(MD).No.1759 of 2016:

                A.Ashwin Paul                                                   ... Petitioner
                                                        Vs.

                1.Tamil Nadu Generation and Distribution Corporation,
                  Represented by its Chairman and Managing Director,
                  NPKRR Maaligai,
                  No.144, Anna Salai,
                  Chennai – 600 002.

                2.The Chief Engineer/Personnel,
                  Tamil Nadu Generation and Distribution Corporation Limited,
                  NPKRR Maaligai,
                  No.144, Annasalai,
                  Chennai – 600 002.                                       ... Respondents



                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, by calling for
                the entire records pertaining to the notification issued by the second respondent
                vide Notification No.01/2015 dated 28.12.2015 which meant for recruiting the
                Assistant Engineers (Electrical, Mechanical and Civil) and quash the same
https://www.mhc.tn.gov.in/judis

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                                                                     W.P.(MD).Nos.1759 and 1760 of 2016



                insofar as it relates to clause 4(B) (iii) and consequently direct the second
                respondent to allow the petitioner to directly participate in viva-voce
                proceedings without insisting the petitioner to write written examination in
                connection with such selection process.


                W.P.(MD).No.1760 of 2016:

                S.Karthikeyan                                                   ... Petitioner
                                                      Vs.

                1.Tamil Nadu Generation and Distribution Corporation,
                  Represented by its Chairman and Managing Director,
                  NPKRR Maaligai,
                  No.144, Anna Salai,
                  Chennai – 600 002.

                2.The Chief Engineer/Personnel,
                  Tamil Nadu Generation and Distribution Corporation Limited,
                  NPKRR Maaligai,
                  No.144, Annasalai,
                  Chennai – 600 002.                                       ... Respondents



                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Certiorarified Mandamus, by calling for
                the entire records pertaining to the notification issued by the second respondent
                vide Notification No.01/2015 dated 28.12.2015 which meant for recruiting the
                Assistant Engineers (Electrical, Mechanical and Civil) and quash the same
                insofar as it relates to clause 4(B) (iii) and consequently direct the second
                respondent to allow the petitioner to directly participate in viva-voce
                proceedings without insisting the petitioner to write written examination in
                connection with such selection process.
https://www.mhc.tn.gov.in/judis

                2/5
                                                                       W.P.(MD).Nos.1759 and 1760 of 2016



                (In both Writ Petitions):


                                      For Petitioner    : Mr.R.Anand

                                      For Respondents : Mr.M.Parameswari,
                                                        Standing Counsel.


                                              COMMON ORDER




The Writ Petitions have been filed challenging the notification dated 28.12.2015 with a consequential direction to allow the petitioners to directly participate in viva-voce proceedings without insisting the petitioners to write written examination in connection with such selection process.

2. The petitioners are trained apprentices. The claim of the petitioners cannot be entertained, since the recruitment procedures are common to all including apprentice. The only preference that has been granted to apprentices is that if marks are equal, the apprentices would be granted preference and not otherwise. Hence, this Court is not inclined to entertain this writ petition. Moreover, the petitioner had challenged the recruitment process which was conducted in the year 2015. Due to efflux of time, the Writ Petitions cannot be entertained.

https://www.mhc.tn.gov.in/judis 3/5 W.P.(MD).Nos.1759 and 1760 of 2016

3. Hence the Writ Petitions are dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.





                                                                                    13.03.2023



                NCC               : Yes/No
                Index             : Yes / No
                Internet          : Yes/ No
                Nsr

                To

1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation, NPKRR Maaligai, No.144, Anna Salai, Chennai – 600 002.

2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Limited, NPKRR Maaligai, No.144, Annasalai, Chennai – 600 002.

https://www.mhc.tn.gov.in/judis 4/5 W.P.(MD).Nos.1759 and 1760 of 2016 S.SRIMATHY, J.

Nsr W.P.(MD).Nos.1759 and 1760 of 2016 13.03.2023 https://www.mhc.tn.gov.in/judis 5/5