Madras High Court
V.Rajasekaran vs The Chairman on 9 January, 2018
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.01.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)Nos.14098 of 2009 and 8624 of 2009
and
M.P.(MD)Nos. 1,1,2 and 2 of 2009
W.P.(MD)No.14098 of 2009:
V.Rajasekaran ... Petitioner
Vs.
1.The Chairman,
Tamilnadu Electricity Board,
Anna Salai, Chennai ? 600 002.
2.The District Employment Officer,
Thoothukudi District,
Thoothukudi. ... Respondents
Prayer : Writ Petition filed under Article 226 of the constitution of India,
to issue a writ of Mandamus directing the first respondent to strictly follow
the employment seniority-cum-communal rotation for filling up of the
remaining and future vacancies in the cadre of Technical Assistant in Tamil
Nadu Electricity Board by following the due selection process till then not
to fill up the post of Technical Assistant and consequently directing him to
appoint the petitioner as Technical Assistant based on the employment
seniority within the time limit that may be stipulated by this Court.
!For Petitioner : Mr.R.V.Rajkumar
^For R1 : Mr.V.Kasinathan
For R2 : Ms.V.P.M.Vaishnavi
Government Advocate
W.P.(MD)No.8624 of 2009:
V.Premkumar ... Petitioner
Vs.
1.The Chairman,
Tamilnadu Electricity Board,
Anna Salai, Chennai ? 600 002.
2.The Director,
Board of Apprenticeship Training,
Taramani, Chennai-600 113.
3.The District Employment Officer,
Thoothukudi District,
Thoothukudi.
4.The Assistant Director,
Professional & Executive Employment Office,
Santhome, Chennai ? 600 004. ... Respondents
Prayer : Writ Petition filed under Article 226 of the constitution of India,
to issue a writ of Mandamus directing the first respondent to strictly follow
the employment seniority-cum-communal roaster for filling up of the remaining
and future vacancies in the cadre of Technical Assistant in Tamilnadu
Electricity Board by following the due selection process till then not to
fill up the post of Technical Assistants and consequently consider the case
of the petitioner for appointment to the post of Technical Assistant based on
his Educational qualification and Employment seniority within the time limit
that may be stipulated by this Court.
For Petitioner : Mr.G.Thalaimutharasu
For R1 & R2 : Mr.V.Kasinathan
For R3 & R4 : Ms.V.P.M.Vaishnavi
Government Advocate
:COMMON ORDER
The learned counsel appearing for the petitioners made a submission that the first respondent, Tamilnadu Electricity Board had not followed the employment Seniority-cum-Communal Roaster for filling up the post of Technical Assistants.
2. However, the Rules relating to the selection to the post of Technical Assistants underwent changes and now the post of Technical Assistants have to be filled up through open competition process by following the procedure and the Rules of reservations and the other recruitment Rules in force. Now the writ petitioners have to submit an application in the event of issuing any recruitment notification and participate in the process of selection and get themselves selected. In other words, it is left open to the petitioners to participate in the process of selection in accordance with law. However, the earlier participation in selection will not confer any right to the writ petitioners to seek appointment order.
3. Under these circumstances, the relief sought for in these writ petitions as such need not be considered in view of the changed Recruitment Rules.
4. Accordingly, these Writ Petitions stand closed. No costs. Consequently, connected miscellaneous petitions are closed.
To
1.The Director, Board of Apprenticeship Training, Taramani, Chennai-600 113.
2.The District Employment Officer, Thoothukudi District, Thoothukudi.
3.The Assistant Director, Professional & Executive Employment Office, Santhome, Chennai ? 600 004.
.