Madras High Court
K.Pugazhendi vs The Chairman Cum Managing Director on 27 February, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.4761 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.4761 of 2024
1. K.Pugazhendi
2. K.Arivalagan ... Petitioners
-Vs-
1. The Chairman cum Managing Director,
Tamil Nadu Electricity Generation
and Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002.
2. The Chief Engineer Personnel,
Tamil Nadu Electricity Generation
and Corporation Ltd.,
No.144, Anna Salai, Chennai – 600 002.
3. The Chief Engineer,
(1 x 600 Mehawatt),
Mettur Thermal Power Station -II,
Mettur Taluk, Salem District. ... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Mandamus, directing the respondents to consider
the claim of the petitioners with regard to the training period of two years and
directed to treat the petitioners services as Helper from the dated of their
appointment with all Monitory and service benefits and pass orders within a
limited time frame in the light of their representation dated 12.12.2023 and
29.01.2024.
https://www.mhc.tn.gov.in/judis
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W.P.No.4761 of 2024
For Petitioners : Mr.M.Govindan
For Respondents : Mr.K.Rajkumar
Standing Counsel
ORDER
This Writ Petition has been filed for direction directing the respondents to consider the claim of the petitioners with regard to the training period of two years and direct to treat the petitioners' services as Helper from the date of their appointment with all monetary and service benefits and pass orders within a limited time frame in the light of their representation dated 12.12.2023 and 29.01.2024.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioners are ITI holders and they had underwent the apprenticeship training for a period of one year at the respondents Board. The respondents Board issued proceedings in B.P.No.242 dated 26.06.1984, which have preference in the matter of appointment to the apprentices who had undergone apprenticeship in the respondents Board. The respondents Board, based on the said Board proceedings, absorbed the apprentices who had https://www.mhc.tn.gov.in/judis Page 2 of 7 W.P.No.4761 of 2024 completed training in the Board as Helpers. However, by the Board proceedings in B.P.No.69 dated 13.09.1988 had withdrawn the preference in appointment given to the apprentices trained by the respondents. Therefore, similarly placed persons challenged the said Board proceedings before this Court by way of writ petitions. All the writ petitions were allowed by this Court and directed the respondents to absorb them by giving preference to the apprentices who joined the apprenticeship training before the cut off date i.e., 13.09.1988. The said order was duly complied with. Thereafter, similarly placed persons filed writ petition before this Court for direction directing the respondents to absorb the petitioners who joined the apprenticeship training before the cut off date i.e., 13.09.1988, as helpers in the Tamil Nadu Electricity Board. In the meanwhile, other persons filed writ petitions before this Court in W.P.Nos.4218 and 4219 of 2009. This Court, by an order dated 11.12.2009 directed the respondents to appoint the petitioners as helper within a period of four weeks from the date of receipt of the order. Aggrieved by the same, the respondents Board filed writ appeals in W.A.Nos.1596 and 1597 of 2010 and the same were dismissed by the Judgment dated 16.11.2010. The petitioners had also filed writ petitions in W.P.Nos.3605 and 5757 of 2000 and this Court declared that the direction issued by the Hon'ble Division Bench of this Court shall be applicable to the petitioners in W.P.Nos.3605 and 5757 of 2000 and the same shall be carried https://www.mhc.tn.gov.in/judis Page 3 of 7 W.P.No.4761 of 2024 out.
4. However, it was not complied with and as such, the petitioners filed contempt petition in Contempt Petition No.1116 of 2011 before this Court. In the said contempt petition, the respondents Board had issued B.P.No.15, dated 03.09.2011 and accordingly, the petitioners and others shall be provisionally appointed to the post of Helper (Trainee) in regular work Establishment Category on temporary basis to the Tamil Nadu Electricity Generation and Distribution Corporation, for a period of two years under Regulation 106 of the Tamil Nadu Electricity Board Service Regulation under consolidated salary. Thereafter, the contempt petition was closed with liberty to the petitioners to challenge the training period. In fact, this Court specifically directed the respondents to appoint the petitioners to the post of Helper. On the contrary, the respondents, by an order dated 29.11.2011 appointed the petitioners to the post of Helper (Trainee) on temporary basis at workshop circle.
5. In the similar circumstances, this Court had already passed an order dated 25.08.2023 in W.P.No.16851 to 16872 of 2012, thereby quashed the order of appointment insofar as the training period of two years. It was further https://www.mhc.tn.gov.in/judis Page 4 of 7 W.P.No.4761 of 2024 directed to the respondents to treat the petitioners' services as Helper from the date of appointment with all monetary and service benefits.
6. Admittedly, the petitioners had completed their apprenticeship training before the cut off date i.e., 13.09.1988. Therefore, after considering their apprenticeship, they were ordered to be appointed in the post of Helper. Even then, the respondents appointed the petitioners only to the post of Helper (Trainee), that too for a period of two years on temporary basis. Though after two years, their services were regularized with time scale of pay, they lost their two years service as Helper and also there was monetary loss to them.
7. In view of the above, the respondents are directed to treat the training period of two years of the petitioners as Helper from the date of their initial appointment with all monetary and service benefits and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
8. Accordingly, this writ petition is allowed. There shall be no order as to costs.
27.02.2024 https://www.mhc.tn.gov.in/judis Page 5 of 7 W.P.No.4761 of 2024 (½) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To
1. The Chairman cum Managing Director, Tamil Nadu Electricity Generation and Corporation Ltd., No.144, Anna Salai, Chennai – 600 002.
2. The Chief Engineer Personnel, Tamil Nadu Electricity Generation and Corporation Ltd., No.144, Anna Salai, Chennai – 600 002.
3. The Chief Engineer, (1 x 600 Mehawatt), Mettur Thermal Power Station -II, Mettur Taluk, Salem District.
G.K.ILANTHIRAIYAN. J, mn https://www.mhc.tn.gov.in/judis Page 6 of 7 W.P.No.4761 of 2024 W.P.No.4761 of 2024 27.02.2024 https://www.mhc.tn.gov.in/judis Page 7 of 7