Madras High Court
S.Satish Kumar vs The Tamil Nadu Electricity Board on 3 September, 2014
Author: R.S.Ramanathan
Bench: R.S.Ramanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.09.2014 CORAM THE HONOURABLE MR. JUSTICE R.S.RAMANATHAN W.P.No.33440 of 2013 and M.P.No.1 of 2013 1. S.Satish Kumar 2. K.R.Dhanesh 3. B.V.Ravi 4. M.Thamarichelvan 5. G.Moorthy 6. G.Shanmugham 7. E.Purushothaman 8. T.V.Rajasekar 9. N.Ramakrishnan 10.S.Devadoss 11.E.Sathish 12.K.Srinivasan 13.S.Megavarnan 14.R.Prabhakar Rao 15.S.Vasantharaj .. Petitioners ..vs.. 1.The Tamil Nadu Electricity Board, rep. by its Chairman, Anna Salai, Chennai 600 002. 2.The Tamil Nadu Generation & Distribution Corporation Ltd., rep. by its Chairman & Managing Director, Head Quarters Complex, 144 Anna Salai, Chennai 2. .. Respondents Prayer:Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the Official Respondents to permit the writ petitioners to register their name in the Register and participate in the interview scheduled for 9th - 13th December, 2013 for the purpose of selection of eligible Diploma Apprentices for the post of Technical Assistant/Electrical given that the petitioners have successfully completed their apprentice training and consider the petitioners for regular appointment in any of the existing or immediate future vacancies in the post of Technical Assistant/Electrical on the basis of their Apprenticeship Training and appoint the petitioners in preference to other eligible candidates. For Petitioners : Mr.R.Sunil Kumar For Respondents : Mrs.R.Varalakshmi, Standing counsel for TNEB ORDER
The first petitioner passed Diploma in Electrical and Electronic Engineering in 2010 and was selected for Apprentice Training in the second respondent by order dated 07.09.2012 and commenced Apprenticeship Training on 14.09.2012 and completed the training on 13.09.2013.
2. The second petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 27.09.2012 and commenced Apprenticeship Training on 28.09.2012 and completed the training on 27.09.2013.
3. The third petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 08.09.2012 and commenced Apprenticeship Training on 18.09.2012 and completed the training on 17.09.2013.
4. The fourth petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 08.09.2012 and commenced Apprenticeship Training on 17.09.2012 and completed the training on 16.09.2013.
5. The fifth petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 07.09.2012 and commenced Apprenticeship Training on 14.09.2012 and completed the training on 13.09.2013.
6. The sixth petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 07.09.2012 and commenced Apprenticeship Training on 25.09.2012 and completed the training on 24.09.2013.
7. The seventh petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 08.09.2012 and commenced Apprenticeship Training on 26.09.2012 and completed the training on 25.09.2013.
8. The eighth petitioner passed Diploma in Electrical and Electronic Engineering in 2010 and was selected for Apprentice Training in the second respondent by order dated 28.08.2012 and commenced Apprenticeship Training on 14.09.2012 and completed the training on 13.09.2013.
9. The ninth petitioner passed Diploma in Electrical and Electronic Engineering in 2010 and was selected for Apprentice Training in the second respondent by order dated 08.09.2012 and commenced Apprenticeship Training on 21.09.2012 and completed the training on 20.09.2013.
10. The tenth petitioner passed Diploma in Electrical and Electronic Engineering in 2010 and was selected for Apprentice Training in the second respondent by order dated 07.09.2012 and commenced Apprenticeship Training on 13.09.2012 and completed the training on 12.09.2013.
11. The eleventh petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 16.07.2012 and commenced Apprenticeship Training on 17.07.2012 and completed the training on 16.07.2013.
12. The twelfth petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 17.07.2012 and commenced Apprenticeship Training on 18.07.2012 and completed the training on 17.07.2013.
13. The thirteenth petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 07.09.2012 and commenced Apprenticeship Training on 15.09.2012 and completed the training on 14.09.2013.
14. The fourteenth petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 07.07.2012 and commenced Apprenticeship Training on 20.07.2012 and completed the training on 19.07.2013.
15. The fifteenth petitioner passed Diploma in Electrical and Electronic Engineering in 2011 and was selected for Apprentice Training in the second respondent by order dated 16.07.2012 and commenced Apprenticeship Training on 18.07.2012 and completed the training on 17.07.2013.
16. The grievance of the above petitioners is that they were not called for the interview and they were not given the post of Technical Assistant. Therefore, they filed the present Writ Petition seeking for the above stated relief.
17. When the Writ Petition came up for admission, 09.12.2013, considering the circumstances, this Court passed an interim order in the said Writ Petition, which reads as follows:
"Without prejudice to the rights of the parties, the respondents are directed to call for the petitioners for interview. This order is passed subject to the result of the Writ Petition."
18. Thereafter, the petitioners participated in the interview and Petitioner No.3, 9, 11, 12, 14 and 15 were selected in the interviews. However, appointment orders were not issued to these persons who were selected in the interview. Therefore, it is submitted by the learned counsel appearing for the petitioners that the respondents may be directed to issue appointment orders to those petitioners who were selected in the interview, following the judgment of this Court rendered in W.P.Nos.26692, 29841 and 30954 of 2013 dated 23.04.2014 in the matter of R.Sakthivel and others Vs. The Tamil Nadu Electricity Board, rep. by its Chairman and others.
19. Mrs.R.Varalakshmi, learned Standing Counsel appearing for the respondent Board, submitted that orders were passed in the above writ petitions in respect of Assistant Engineer, Technical Assistant and in other respects, and fairly conceded that the aforesaid judgment applies to the facts of the present case.
20. It is seen from the judgment rendered in W.P.No.26692 of 2013 etc., batch, as stated above, the petitioners in those Writ Petitions did not complete the training before the notified date and by reason of the direction given by this Court in those Writ Petitions, the date was extended, they were permitted to appear for the interview, they were selected in the interview and considering the same, this Court directed the respondents to appoint the persons who were selected for the respective posts, subject to the condition that they have completed the training before the subsequent notification issued by the Department. In this case also, the first respondent permitted the petitioners to attend interview and the petitioners have completed one year Apprenticeship Training. Further, some of the petitioners were also selected in the interview.
21. Hence, the Writ Petition is partly allowed and the respondents are directed to issue appointment orders to Petitioner No.3, 9, 11, 12, 14 and 15, who were selected in the interview. In respect of other petitioners, the Writ Petition is dismissed as they have not been selected in the interview. No costs. The connected Miscellaneous Petition is closed.
Index : yes /no 03.09.2014 Internet: yes / no asvm Note to office: issue order copy on 22.09.2014 To 1.The Chairman, The Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. 2.The Chairman & Managing Director, The Tamil Nadu Generation & Distribution Corporation Ltd., Head Quarters Complex, 144 Anna Salai, Chennai 2. R.S.RAMANATHAN, J. (asvm) W.P.No.33440 of 2013 and M.P.No.1 of 2013 03.09.2014