Madras High Court
N. Krishnan vs Tamil Nadu Generation And on 8 January, 2025
Writ Petition No.27897 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 8/1/2025
CORAM
THE HONOURABLE Mr.JUSTICE VIVEK KUMAR SINGH
Writ Petition No.27897 of 2022
and
W.M.P.No.27188 of 2022
N. Krishnan ... Petitioner
Vs
1. Tamil Nadu Generation and
Distribution Corporation Ltd (TANGEDCO)
rep. By its Chairman cum Managing Director
No.144 Anna Salai
Chennai 600 002.
2. Ennore Thermal Power Station (ETPS)
rep. By its Chief Engineer
Ennore
Chennai 600 057.
3. Office of the Superintending Engineer
ETPS Expansion Project & ETPS
Ennore
Chennai 600 057.
4. T.Raji
C/o. Office of the Superintending Engineer P & A
Ennore Thermal Power Station
Ennore
Chennai 600 057.
5. K. Mohan
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Writ Petition No.27897 of 2022
C/o. Office of the Superintending Engineer P & A
Ennore Thermal Power Station
Ennore
Chennai 600 057.
6. K. Chinnaraj
C/o. Office of the Superintending Engineer P & A
Ennore Thermal Power Station
Ennore
Chennai 600 057.
7. C. Arumugam
C/o. Office of the Superintending Engineer P & A
Ennore Thermal Power Station
Ennore
Chennai 600 057.
8. R. Ramamoorthy
C/o. Office of the Superintending Engineer P & A
Ennore Thermal Power Station
Ennore
Chennai 600 057. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for the issuance of a writ of certiorarified mandamus to quash the
Memo No.27-2/SE/ETPS/AAO/Adm/A-1/F.C.Case/W.P.No.4684 of 2013
dated 15/7/2021 issued by the third respondent and direct the respondents
herein to promote the petitioner to the post of Foreman I Grade from
10/9/2009 in accordance with Annexure -1 of the TNEB Service Regulations
with all other consequential benefits.
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Writ Petition No.27897 of 2022
For petitioner ... Mr.S.Goutham S. Raman
for M/s. Raman and Associates
For respondents ... Mr.David Sundar Singh
TNEB
for R.R.1 to 3.
-----
ORDER
This writ petition has been filed to quash the Memo No.27- 2/SE/ETPS/AAO/Adm/A-1/F.C.Case/W.P.No.4684 of 2013 dated 15/7/2021 issued by the third respondent and direct the respondents to promote the petitioner to the post of Foreman I Grade from 10/9/2009 in accordance with Annexure -1 of the TNEB Service Regulations with all other consequential benefits.
2. Brief facts which are necessary for the disposal of this writ petition are as follows:-
The petitioner is an employee of the second respondent. Pursuant to the order dated 5/5/1998 passed in W.A.Nos.193 of 1990 and 425 of 1991 (TAMIL NADU THOZHILALAR SANGAM, rep. BY ITS GENERAL SECRETARY Vs. THE CHAIRMAN, TAMIL NADU ELECTRICITY BOARD), the petitioner was absorbed in service of the respondent Board as https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 03:03:56 pm ) Page No:3/10 Writ Petition No.27897 of 2022 Helper and he was promoted to the posts of Time Keeper II Grade, Fitter I Grade, Civil 1 Division and lastly as Loco Driver, Civil 1 Division on 3/12/2004, 19/8/2006 and 26/3/2007, respectively.
3. On 20/5/2009, third respondent had addressed a letter to the Executive Engineer of the second respondent to furnish suitability for the petitioner for promotion to the post of Foreman I Grade. Vide, leter dated 28/8/2009, Chief Engineer of the first respondent addressed a letter to the third respondent, wherein it is stated that the services rendered in canteen could not be taken as practical experience and accordingly, the petitioner was not promoted to the post of Foreman I Grade.
4. Hence, the petitioner had submitted a representation dated 7/2/2013 to the second respondent. Since there was no response, the petitioner was constrained to file a writ petition in W.P.No.4684 of 2013 to direct the respondents therein to promote the petitioner as Foreman I Grade with effect from the date as their juniors. Pending writ petition, vide, orders dated 28/2/2013 and 23/11/2011, third respondent had promoted the persons who are juniors to the petitioner to the post of Foreman I Grade and Special Grade Foreman respectively. By order dated 15/7/2020 this Court had directed the https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 03:03:56 pm ) Page No:4/10 Writ Petition No.27897 of 2022 first respondent to consider the representation of the petitioner and pass orders within a period of three months, from the date of the said order.
5. Pursuant to the above, second respondent had issued a communication dated 25/5/2021 addressed to the Chief Engineer of the first respondent to seek clarification regarding the post of Foreman I Grade. Citing the letter of the Chief Engineer dated 28/8/2009, third respondent, vide, order dated 15/7/2021, stated that the petitioner had completed the practical experience of twelve years and the name of the petitioner will be considered for promotion based on the merits and vacancy arise for the post of Foreman I Grade. Being aggrieved, the petitioner has come before this Court by way of the present writ petition.
6. The Chief Engineer, Ennore Thermal Power Station, TANGEDCO, Chennai/second respondent has filed a counter affidavit, wherein it is stated that the list of employees selected for promotion to the post of Foreman-I Grade by Memo dated 12/9/2009 issued by the respondents for the post of Foreman – II Grade are fully eligible and qualified and suitable for promotion to the post of Foreman – I Grade, as prescribed in Annexure IV to Regulation No.94 of Service Regulations of the respondents. Moreover, the https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 03:03:56 pm ) Page No:5/10 Writ Petition No.27897 of 2022 petitioner was retired from Board's service on 30/11/2015 and hence, case of the petitioner will not be considered.
7. Heard Mr.Goutham S.Raman, learned counsel for the petitioner and Mr.David Sundar Singh, learned counsel for the respondents 1 to 3.
8. The learned counsel appearing for the petitioner would submit that once the petitioner was absorbed as Helper from 1991, the petitioner was eligible to be promoted as Foreman I Grade in the year 2003 itself. He would further submit that the criteria for promotion to the post of Foreman I Grade does not specify in what field, the candidate must possess the necessary work experience.
9. The learned counsel appearing for the respondents 1 to 3 would submit that the petitioner has gained experience from the year 2004 onwards and he completed the requisite experience of 12 years only in the year 2016. Hence, the name of the petitioner was not considered for promotion during the year 2013, but the petitioner was retired from the Board's service on 30/11/2015. Hence, name of the petitioner was not considered for promotion to the post of Foreman – I Grade.
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10. Perused the materials available on record.
11. It is the admitted fact that appointment order was issued to the petitioner as Helper in the time scale of pay Rs.3050-75-3950-80-4590 in pursuant to the order made in W.A.No.425 of 1991. A clarification had been sought for from the Chief Engineer/Personnel vide leter dated 6/7/2021, whether the Helpers working in Canteen may be considered for promotion fixing the common seniority based on the date of joining. Vide, order dated 6/10/2003, the Chief Engineer/Personnel has stated that the Contract Labourers absorbed as Helpers in Canteen at Ennore Thermal Power Station may be redeployed to other Divisions in Ennore Thermal Power Station other than Canteen and their seniority will be taken into account when they joined the service and the same will be given effect only after privatization of canteen. While calcualting the period of service, rendered by the petitioner, the third respondent had excluded the period of service rendered by the petitioner in canteen.
12. In such a scenario, this Court remands the matter to the respondents 1 to 3 to consider the case of the petitioner, on merits and in https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/03/2025 03:03:56 pm ) Page No:7/10 Writ Petition No.27897 of 2022 accordance with law, within a period of two months from the date of receipt of a copy of this order.
13. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
8/1/2025 mvs.
Index: yes/No Neutral Citation: Yes/No To
1. The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) No.144 Anna Salai Chennai 600 002.
2. The Chief Engineer Ennore Thermal Power Station (ETPS) Ennore Chennai 600 057.
3. Office of the Superintending Engineer ETPS Expansion Project & ETPS Ennore Chennai 600 057.
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4. T.Raji C/o. Office of the Superintending Engineer P & A Ennore Thermal Power Station Ennore Chennai 600 057.
5. K. Mohan C/o. Office of the Superintending Engineer P & A Ennore Thermal Power Station Ennore Chennai 600 057.
6. K. Chinnaraj C/o. Office of the Superintending Engineer P & A Ennore Thermal Power Station Ennore Chennai 600 057.
7. C. Arumugam C/o. Office of the Superintending Engineer P & A Ennore Thermal Power Station Ennore Chennai 600 057.
8. R. Ramamoorthy C/o. Office of the Superintending Engineer P & A Ennore Thermal Power Station Ennore Chennai 600 057.
VIVEK KUMAR SINGH,J mvs.
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