Madras High Court
M.A. Nirmal Priya vs State Of Tamil Nadu on 21 August, 2025
W.P.(MD).No.16952 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.08.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.(MD).No.16952 of 2019 and
WMP(MD).No.13524 of 2019
M.A. Nirmal Priya ... Petitioner
Vs.
1.State of Tamil Nadu
rep. by its Principal Secretary to Government,
Energy Department,
Fort. St. George,
Chennai – 600 009.
2.State of Tamil Nadu,
rep. by its Princpal Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Fort. St. Gerorge,
Chennai – 600 009.
3.The Secretary,
TANGEDCO,
144, Annasalai,
Chennai – 600 002.
3.TANGEDCO,
rep by its Chairman – cum – Managing Director,
TANGEDCO,
10th Floor, NPKRR Maligai,
144, Anna Salai,
Chennai – 600 002.
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W.P.(MD).No.16952 of 2019
4. The chief Engineer (Personnel)
TANGEDCO,
10th Floor, NPKRR Maligai,
144, Anna Salai,
Chennai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to
issue a writ of Mandamus, directing the respondents 1,3,4 and 5 to fill up
shortfall vacancies for the Scheduled Caste and Scheduled Tribe in the post of
Assistant Executive Engineer (Electrical) in TANGEDCO, within the time
stipulated by this Court.
For Petitioner : Mr.S. Louis
For Respondents 1 & 2 : Mr.S.C. Herold Singh
For respondents 3 to 5 : Mr. B. Ramanathan
Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the respondents 1, 3, 4, and 5 to fill up the shortfall vacancies for the Scheduled Caste and Scheduled Tribe categories in the post of Assistant Executive Engineer (Electrical) in TANGEDCO, within the time stipulated by this Court.
2. The petitioner is currently working as an Assistant Engineer (Electrical) in TANGEDCO. The grievance of the petitioner is that there are certain shortfall vacancies in the department, which have not been filled for a Page 2 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/09/2025 04:19:53 pm ) W.P.(MD).No.16952 of 2019 long period.
3. The learned counsel appearing for the petitioner submitted that TANGEDCO had published a list of shortfall vacancies as on 30.06.2011. The same has been annexed in the typed set of papers, which reveals that the earmarked posts for the reserved categories have not been filled. According to the petitioner, these posts ought to have been filled. Though the promotional posts are to be filled by the department, no steps have been taken in this regard.
It is clarified that the petitioner is not claiming promotion as a matter of right.
However, it is the duty of the Government to fill the vacancies, especially those earmarked for reserved categories. He further submitted that due to this shortfall, several individuals in the lower cadre belonging to the reserved categories have been deprived of promotion.
4. Per contra, the learned counsel for the respondent / department submitted that no person can claim reservation in promotion as a matter of right.
However, the list published by TANGEDCO as on 30.06.2011 reveals that there are indeed several vacancies in the promotional posts. While accelerated promotion or reservation in promotion may not be a vested right, the department Page 3 of 6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/09/2025 04:19:53 pm ) W.P.(MD).No.16952 of 2019 is nonetheless duty-bound to fill the earmarked vacancies in accordance with the applicable rules. The State cannot indefinitely delay the process of filling up these promotional posts.
5. Though the petitioner cannot claim promotion as a matter of right, when there are vacancies, particularly those earmarked for reserved categories, it is the duty of the respondent department to fill such vacancies by following the rules prescribed for promoting eligible candidates.
6. Accordingly, this Court is of the view that the direction should be issued to TANGEDCO to fill up the shortfall vacancies at the earliest, in the interest of proper administration.
7. In the result, this Writ Petition is allowed. The respondents are directed to fill up the vacancies identified by them at the earliest. No costs.
Consequently, the connected Miscellaneous Petition is closed.
21.08.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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W.P.(MD).No.16952 of 2019
trp
To
1. The Principal Secretary to Government, Energy Department, Fort. St. George, Chennai – 600 009.
2.The Principal Secretary to Government, Adi Dravidar and Tribal Welfare Department, Fort. St. Gerorge, Chennai – 600 009.
3.The Secretary, TANGEDCO, 144, Annasalai, Chennai – 600 002.
3. The Chairman – cum – Managing Driector, TANGEDCO, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai – 600 002.
4. The chief Engineer (Personnel) TANGEDCO, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai.
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