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Madras High Court

J.Ganesan vs The Government Of Tamil Nadu on 5 January, 2026

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                      W.A.Nos.594 of 2016, etc., batch

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 05.01.2026

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                    AND
                                   THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
                                W.A.Nos.594 and 622 of 2016, 235, 267, 744 of 2017,
                                 W.P.Nos.12525, 17705, 30067 and 30068 of 2016,
                                          12154 and 13035 of 2019 and
                                 C.M.P.Nos.8169, 7867 of 2016, 3817, 4164, 4165,
                                   10264 of 2017, 23493 of 2018, 2825 of 2019,
                          W.M.P.Nos.10839, 15407, 26053, 26054 of 2016 and 13166 of 2019

                     W.A.No.594 of 2016

                     1. J.Ganesan
                     2. K.Gowrisankar
                     3. R.Manikandan
                     4. M.Premkumar
                     5. G.Thameem Khan
                     6. M.Abishek
                     7. M.Santhosh
                     8. S.Surendran
                     9. N.Sakthivel
                     10. Balamurugan                                                   ... Petitioners/Appellants

                                                               -vs-

                     1. The Government of Tamil Nadu,
                        Rep. by its Secretary,
                        Labour and Employment (T2)
                        Fort St.George, Madras-600 009.

                     2. The Tamil Nadu Generation and Distribution Corporation Limited,
                        Rep. by the Chief Engineer (Personnel), NPKKRR Maligai,
                        144, Anna Salai, Chennai-2               ... Respondents/Respondents


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                                                                                       W.A.Nos.594 of 2016, etc., batch

                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside
                     the order of the learned Single Judge in W.P.No.12361 of 2016 dated
                     04.04.2016.
                                                        Appearance:


                              Case No.        Appellants/Petitioners         Respondents
                          W.A.Nos.594/2016, Mr.A.G.Vedavikas          For R1 – Mr.R.Kumaravel
                              235/2017      for Mrs.V.Srimathi        Addl. Govt. Pleader
                                                                      For R2 – Mr.R.Nikkhilesh
                                                                      Athav for Mr.K.Rajkumar
                           W.A.622 of 2016 Mr.C.K.Chandrasekar For R1 – Mr.R.Kumaravel
                                                                      Addl. Govt. Pleader
                                                                      For R2 – Mr.R.Nikkhilesh
                                                                      Athav for Mr.K.Rajkumar
                           W.A.267 of 2017 Mr.K.M.Ramesh, SeniorFor          R1     &    R2    –
                                            Counsel, for Mr.S.Apunu Mr.R.Nikkhilesh Athav for
                                                                      Mr.K.Rajkumar.
                                                                      For    R4     &    R5    –
                                                                      Mr.M.Mahamani
                           W.A.744 of 2017 No Appearance              For R1 – Mr.R.Kumaravel
                                                                      Addl. Govt. Pleader
                                                                      For R2 – Mr.R.Nikkhilesh
                                                                      Athav for Mr.K.Rajkumar
                                                                      For R8 to 73 – Mr.N.Ponraj
                                                                      For     R4,5,7    –    No
                                                                      Appearance
                                                                      For R3 & R6 - Givenup
                          W.P.12525 of 2016 Mr.K.M.Ramesh, SeniorFor         R1     &    R2    –
                                            Counsel,               forMr.R.Nikkhilesh Athav for
                                            Mrs.R,Sandhya             Mr.K.Rajkumar.
                          W.P.17705 of 2016 Mr.K.M.Ramesh, SeniorFor         R1     &    R2    –
                                            Counsel,               forMr.R.Nikkhilesh Athav for
                                            Mr.K.Bharathi             Mr.K.Rajkumar
                                                                      For R3 – No Appearance
                            W.Ps.30067 & Mr.K.M.Ramesh, SeniorFor            R1     &    R2    –
                           30068 of 2016, Counsel,                 forMr.R.Nikkhilesh Athav for
                                            Mr.K.Vijayakumar          Mr.K.Rajkumar
                                                                      For R3 – No Appearance

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                                                                                      W.A.Nos.594 of 2016, etc., batch

                          W.P.12154 of 2019 Mr.A.Arshad Khan, forMr.R.Nikkhilesh Athav for
                                            Mr.S.Prasanna        Mr.K.Rajkumar
                          W.P.13035 of 2019 Mr.A.Arshad Khan, forMr.R.Nikkhilesh Athav for
                                            Mr.S.Prasanna        Mr.K.Rajkumar

                                                              *****

                                           COMMONJUDGMENT

                                            (By S.M.SUBRAMANIAM,J.,)

                                  The present Intra Court appeals have been instituted,

                     challenging the orders passed in the Writ Petitions. Writ Petitions have

                     been instituted, challenging the recruitment notification issued by the Tamil

                     Nadu Generation and Distribution Corporation Limited (TANGEDCO) for

                     selection and appointment to various posts of Technical Assistant /

                     Electrical, Technical Assistant / Mechanical, Assistant Draughtsman and

                     Field Assistant Trainee.



                                  2. The contentions of the appellants / petitioners are that they

                     are Apprentices, undergone apprenticeship training under The Apprentices

                     Act, 1961 with the TANGEDCO. Therefore, they must be provided priority

                     in the matter of regular selection and appointment in TANGEDCO. It is

                     contended that a separate scheme has been framed for the purpose of

                     providing priority to Apprentices, who have undergone training under the

                     Act, 1961 in the TANGEDCO.


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                                                                                      W.A.Nos.594 of 2016, etc., batch

                                  3. Writ Petitions have been filed, challenging the policy

                     decision of the TANGEDCO Board dated 31.08.2017, granting priority in

                     recruitment in favour of Apprentices. The object of the Act, 1961 is to

                     impart training to eligible candidates, enabling them to secure appointment

                     in various establishments. Therefore, undergoing training under the Act,

                     1961 per se would not confer any right to claim appointment in the Regular

                     Establishment. All appointments are to be made in accordance with the

                     Service Rules / Standing Orders or Regulations as applicable to the

                     particular Establishment.



                                  4. Tamil Nadu Generation and Distribution Corporation

                     Limited is a State owned organization. Service Rules applicable for

                     recruitment are very much in force. Thus, selection and appointment is to

                     be undertaken strictly in accordance with the Recruitment Rules.



                                  5. Learned Standing Counsel appearing for TANGENCO

                     furnished a copy of the Board Proceedings dated 31.08.2017, in which a

                     decision has been taken by the Board to provide priority to an extent if the

                     Open Market candidates and Apprentices stand in the equal footing.

                     Paragraph No.5 of the said Board Proceedings reads as under:



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                                                                                         W.A.Nos.594 of 2016, etc., batch



                                   “5) Hence, the matter has been placed before the Board
                             of TANGEDCO and Board after careful consideration has
                             decided that the Apprentice Trained in the TNEB /
                             TANGEDCO / TANTRANSCO will have to appear in the
                             examination conducted by TNEB and also decided the following
                             exclusive policy with regard to apprentice is framed under the
                             section 22 (1) of the Apprentice Act, 1961 and direction of the
                             Hon’ble High Court of Madras.

                             (1) All apprentices who have undergone training in the Board
                             have to go through the process of selection provided in the
                             Regulations. Pursuant to G.O.Ms.No.44, dated 11.03.2015, the
                             Board has decided to conduct written examination for all
                             categories of candidates. Therefore, the apprentice candidates
                             must also appear in the competitive written examination.

                             (2) Other things being equal, apprentice will be given preference
                             in appointment as per the law laid down by the Hon’ble
                             Supreme Court of India in U.P.State Road Transport
                             Corporation vs. U.P.Parivahan Nigam Shishukha (1995) 2 SCC
                             1 and clarified in U.P.Rajya Vidyut Parishad Apprentice Welfare
                             Assocation and Anr. vs. State of Uttar Pradesh and others 2000
                             LLR 869 (SC) = 2000 (3) SCR 1201, as has been followed
                             hitherto followed.

                             (3) Age relaxation will be allowed to the extent of the actual
                             period of apprentice training undergone in the TNEB /
                             TANGEDCO / TANTRANSCO.”


                                     6. The above priority given by the Board itself is a concession

                     extended in favour of the Apprentices. Therefore, the Apprentices are not

                     entitled for any further concession or the relief from the hands of this

                     Court.




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                                                                                       W.A.Nos.594 of 2016, etc., batch

                                                                                       S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

ar With these observations, all the Writ Appeals and Writ Petitions stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

                                                                                       (S.M.S,J.,)     (C.K,J.,)
                                                                                              05.01.2026
                     Index: Yes
                     Internet: Yes
                     ar


                     To:

                     1. The Secretary,

Government of Tamil Nadu, Labour and Employment (T2) Fort St.George, Madras-600 009.

2. The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Limited, NPKKRR Maligai, 144, Anna Salai, Chennai-2 W.A.Nos.594 and 622 of 2016, 235, 267, 744 of 2017, W.P.Nos.12525, 17705, 30067 and 30068 of 2016, 12154 and 13035 of 2019 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 01:09:10 pm )