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13. In the said list, the Petitioner's husband's name S. Raju S/o. Sundaram was in Sl. No. 15. Added further, as per Permanent B.P.(FB) No.22 (Secretariat Branch of the Tamilnadu Electricity Board) dated 14.05.1999, 198 number of contract labourers engaged in Erode Generation Circle was announced on 12.07.1999; a Committee comprising of Assistant Administration Officer, Executive Engineer / Power Houses / Mettur and the Superintending Engineer, Erode Generation Circle scrutinised the list of the aforesaid 198 contract labourers and arrived at the list of 185 contract labourers deleting 13 numbers of them as below:

15. By means of another proceedings in BP (FB) No. 3/ 29.01.2001, orders were issued to absorb 126 contract labourers of Erode Generation Circle as Helpers and the said orders issued, were upheld by the orders of the Division Bench of this Court in W.A.No.2647 of 2002 filed by the Tamilnadu Electricity Board. As per the seniority of the list of the above 163 contract labourers, the first 126 contract labourers of Erode Generation Circle were appointed as Helpers. However, the Petitioner's husband who was in Sl.No.154, had to wait for his turn. After this absorption, there were 65 contract labourers who were yet to complete 480 days out of the 198 and after deducting the discontinued persons, those involved in criminal case and bogus certificate cases. The petitioner's husband name S. Raju was at Sl.No.28 in the list.

32. The seniority list of 163 contract labourers was prepared as per the Judgment passed in W.A.No.2647 of 2002 filed by the Tamilnadu Electricity Board. Therefore, earlier B.P.(FB) No.3 dated 29.01.2001 was issued to absorb 126 contract labourers of Erode Generation Circle as Helpers.

33. Admittedly, because of the tragic demise of the Petitioners husband on 23.11.2003, his name could not find a place, in the final list of 61 contract labourers of Erode Generation Circle who were absorbed as Helpers as per B.P.no.14 (Adm.Br) dated 05.08.2005. Had he been alive, then certainly, the Respondents would have showered him with the benefit of conferment of permanent status. During the life time of the Petitioners husband, he was not conferred with permanent status, which was not disputed on both sides.

2. Superintending Engineer, Erode Hydro Generation Circle, Tamilnadu Electricity Board, Erode.

ELIPE DHARMA RAO,J.

AND M.VENUGOPAL,J.

sms PRE DELIVERY ORDER IN

03. 08 .2012