Madras High Court
V.Raj vs The Chairman And Managing Director ... on 5 April, 2022
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.(MD)No.5514 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:05.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.5514 of 2022
V.Raj ... Petitioner
Vs.
1. The Chairman and Managing Director TANGEDCO,
Tamil Nadu Generation and
Electricity Distribution Corporation Ltd.,
Tamil Nadu Electricity Board,
Annasalai, Chennai-2.
2. The SPO/Recruitment,
Tamil Nadu Generation and
Electricity Distribution Corporation Ltd.,
Tamil Nadu Electricity Board,
Annasalai, Chennai-2. ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the respondents to give preferences
in filling up the vacancy of Wireman in the respondents Corporation.
For Petitioner : Mr.M.Vijayarathinam
For Respondents : Mr.S.Arivalagan
TANGEDCO
1/4
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5514 of 2022
ORDER
The relief sought for in the present writ petition is to direct the respondents to give preference in filling up the vacancy of Wireman in the respondents Corporation.
2.The petitioner states that he is fully qualified for appointing to the post of Wireman in TANGEDCO. He underwent apprenticeship training under the Apprentices Act, 1961 and therefore, preference is to be given to the petitioner.
3.All appointments in TANGEDCO are made strictly in accordance with the recruitment rules in force. The Court cannot sit as a Selection Committee and issue directions to give preference or otherwise and it is to be given in accordance with the rules in force and pursuant to the terms and conditions stipulated in the recruitment notification.
2/4https://www.mhc.tn.gov.in/judis W.P.(MD)No.5514 of 2022
4.The learned counsel for the respondents made a submission that the Board Proceedings-69 states that no preference given to the apprenticeship candidates.
5.However, this Court cannot consider the claim of the writ petitioner, as preference can never be claimed as a matter of right. Merely based on the apprenticeship training, which is only a training programme offered under the provisions of the Apprenticeship Act and it is only for the employer to decide whether weightage has to be given or not and as such there is no reason to interfere with. Thus, the petitioner has not established even a semblance of legal rights for the purpose of considering the relief as such sought for in the writ petition.
Accordingly, this Writ Petition is dismissed. No costs.
05.04.2022 Index:Yes/No Internet:Yes/No Ns 3/4 https://www.mhc.tn.gov.in/judis W.P.(MD)No.5514 of 2022 S.M.SUBRAMANIAM,J.
Ns To
1. The Chairman and Managing Director TANGEDCO, Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Annasalai, Chennai-2.
2. The SPO/Recruitment, Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Annasalai, Chennai-2.
W.P.(MD)No.5514 of 202205.04.2022 4/4 https://www.mhc.tn.gov.in/judis