Madrasdated High Court · 2025

W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 201326.S.Saminathan27.D.Vengatramanan28.E.Selvakumar29.P.Senthilkumar30.G.Sahul Hameed31.S.Thavasiappan32.S.Arjunan33.R.Vengadachalam ... RespondentsPrayer in W.P.No.2074 of 2011: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the Memo No.051836/555/G46/2010-6 dated 05.11.2010 of the 1st respondent and consequential seniority list issued in Ku.Aa.991/Ni.Pi.1/Ni.U.3/Ko.Mu.Tha./2010 dated 22.11.2010 in so far as placing the petitioners below the Respondents 4 to 33 and consequential order in Ku.Aa.991/Ni.Pi.1/Ni.Vu.3/Ko.Mukavar Mu.Ni./10-3 dated 04.12.2010 of the 3rd respondent and quash the same and consequently direct the respondents 1 to 3 to place the petitioners above the respondents 4 to 33 in the seniority list of Line Inspectors / Commercial Inspectors and promote the petitioners as Foreman Grade-1 with effect from 04.12.2010 with consequential benefits. For Petitioners : Mr.M.Muthupandian For Respondents: Mr.K.Rajkumar for R1 to R3 Mr.Balan Haridas for R4 to R33 W.P.No.6503 of 2013:-Page 3 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 20131.N.Sundaramoorthy2.A.Sekar3.S.Govindaraju4.K.Mohan5.J.Sakthivel... PetitionersVs.1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd, No.144, Anna Salai, Chennai – 600 002.2.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd, No.144, Anna Salai, Chennai – 600 002.3.The Superintending Engineer, Salem Electricity Distribution Circle, Salem.4.G.Padmanaban5.N.Murugan6.R.Selvam ... RespondentsPrayer in W.P.No.6503 of 2013:-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the 1st respondent's impugned Memo No.051836/555/G.46/462/2010-6 dated 05.11.2010 and the consequential seniority list of panel for the post of Foreman I Grade published by the 3rd respondent dated 31.10.2012 and quash the same. For Petitioners : No AppearancePage 4 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013For Respondents: Mr.K.Rajkumar for R1 to R3 Mr.Balan Haridas for R5 W.P.No.13793 of 2013:-1.P.Selvakumar2.A.Sekar3.P.Jothi4.K.Thangaraj5.C.Kasimuthu ... PetitionersVs.1.The Tamil Nadu General and Distribution Company Ltd, TANGEDCO, Rep by its Managing Director, No.144, Anna Salai, Chennai – 600 002.2.The Electricity Board, Rep by its Chairman, No.144, Anna Salai, Chennai – 600 002. 3.The Chief Engineer (Personnel), No.144, Anna Salai, Chennai – 600 002.4.The Superintending Engineer, Operation Maintenance, TANGEDCO, Udayapatti, Salem – 636 014.5.R.Wilson Raja ... RespondentsPage 5 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013Prayer in W.P.No.13793 of 2013:-Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents 1 to 4 in connection with the proceedings dated 28.03.2013 and consequent proceedings bearing Ref.No.F/vz;/ep/gp/2/cjtp/1/f/K/K/rp/ep/K/njh;t[/j/vz;/382/2013 dated 28.03.2013 and the consequent proceedings bearing Ref.No.nk/bgh/nrkpgt/nr epgp/2/c/1/nfh/Kfth; (gc)-j/vz;/383-2013 dated 28.03.2013 and quash the same and direct the respondents 1 to 4 to fix seniority of the petitioners above the respondents represented by the 5th respondent in the respective circles and further ignore the seniority rendered them as commercial inspectors for the purpose of consideration for promotion as line inspectors and direct the promotion of the petitioners as Foreman Grade I with effect from when it fell due with consequent benefits. For Petitioners : Mr.V.Prakash Senior Counsel for Mr.R.GokulrajFor Respondents: Mr.K.Rajkumar for R1 to R4 COMMON ORDERIn all these Writ Petitions, the petitioners have challenged the inter se seniority list prepared and revised by the respondent board inter se between Line Inspectors / Commercial Inspectors for the purpose of promotion to the post of Foremen Grade-1. Page 6 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 20132. Originally, the petitioners as well as private respondents were appointed as Helpers and thereafter some of them were promoted to the post of Wireman – Line Inspectors, and some of them were promoted to the post of Commercial Inspectors.3. From the cadre of Line Inspectors and Commercial Inspectors, they are considered for promotion to the post of Foremen Grade-1. In connection with providing a dual promotion channel i.e., to the post of Wireman and Commercial Assistant from the post of Helper, certain disputes arose and the same were ultimately settled under Section 12(3) of the Industrial Disputes Act, 1947, and in terms of the said settlement, the respondent Board also issued B.P.(Ch).No.256 Administrative Branch dated 12.12.2005. In terms of the same, the impugned seniority list was prepared, and accordingly, promotions were effected to the posts of Foremen Grade-I. The petitioners herein, who are in the Line Inspectors cadre, have filed these Writ Petitions challenging the impugned seniority list as well as consequential promotion orders issued in favour of the respective private respondents, contending that the impugned seniority list was revised contrary to B.P.(Ch).No.256 Administrative Branch dated 12.12.2005 and also contrary to the judgment of Page 7 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013the Division Bench of this Court in W.P.Nos.17026 of 2006 and 7321 of 2007 dated 09.02.2009.4. Though it is contended that the impugned seniority lists are revised contrary to B.P.(Ch).No.256 Administrative Branch dated 12.12.2005, nothing is brought to the notice of this Court to show that the same was prepared contrary to the said order dated 12.12.2005.5. However, the grievance of the petitioners appears to be on the very guidelines that are issued in the said B.P.(Ch).256 Administrative Branch dated 12.12.2005, but there was no actual challenge to the guidelines that are provided in the said B.P.(Ch).No.256 Administrative Branch dated 12.12.2005.6. Then, coming to the decision of the Division Bench of this Court is concerned, in the said Writ Petitions, there was a challenge to Clause 4 of paragraph 2 of the said B.P.(Ch).256. The Division Bench of this Court declined to interfere with the said B.P.(Ch).256. However, certain directions were issued which are applicable to the petitioners in the said two Writ Petitions alone. Therefore, the petitioners are not entitled to claim benefit out Page 8 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013of the said order dated 09.02.2009 passed by the Division Bench of this Court.7. As it is brought to the notice of this Court that the impugned seniority lists are prepared and revised only in terms of the B.P.(Ch).256 Administrative Branch dated 12.12.2005, and the petitioners herein were also required to submit an objection to be exercised within a period of one month from the date of the said B.P.(Ch).256, either opting for the Lineman – Line Inspectors or Commercial Inspectors, the petitioners cannot agitate or make out any grievance on the ground of providing dual channel promotion and preparing inter se seniority lists among the cadres of Line Inspectors and Commercial Inspectors. By taking into consideration the date of appointment in the respective cadres, admittedly, the impugned seniority lists were prepared in the respective cadres i.e., Line Inspectors / Commercial Inspectors.8. In the absence of any dispute about the same, the impugned revised seniority list cannot be found fault with, especially when the same was revised strictly in terms of B.P.(Ch).256 Administrative Branch dated 12.12.2005, especially in the absence of any challenge to the said B.P.(Ch).256, dated 12.12.2005. Page 9 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 20139. As the said B.P.(Ch).No.256 Administrative Branch dated 12.12.2005 was issued by the respondent Board in terms of a 12(3) settlement arrived at under Section 12(3) of the Industrial Disputes Act, this Court does not find any reason to interfere with the impugned seniority list as well as the consequential promotion order issued in favour of the private respondents.10. Accordingly, all these Writ Petitions are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.23.07.2025jasIndex : Yes / NoSpeaking order / Non-speaking orderNeutral Citation : Yes / NoTo1.The Tamil Nadu Generation and Distribution Corporation, (formerly Tamil Nadu Electricity Board), Rep by its Chairman, No.144, Anna Salai, Chennai – 600 002.2.Tamil Nadu Generation and Distribution Corporation, (formerly Tamil Nadu Electricity Board), Rep by its Chief Engineer (Personnel),Page 10 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013 No.144, Anna Salai, Chennai – 600 002.3.Tamil Nadu Generation and Distribution Corporation, (formerly Tamil Nadu Electricity Board), Rep by its Superintending Engineer, Gobi Electricity, Distribution Circle, Gobichettipalayam, Erode District.4.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd, No.144, Anna Salai, Chennai – 600 002.5.The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd, No.144, Anna Salai, Chennai – 600 002.6.The Superintending Engineer, Salem Electricity Distribution Circle, Salem.7.The Tamil Nadu General and Distribution Company Ltd, TANGEDCO, Rep by its Managing Director, No.144, Anna Salai, Chennai – 600 002.8.The Electricity Board, Rep by its Chairman, No.144, Anna Salai, Chennai – 600 002. 9.The Chief Engineer (Personnel), No.144, Anna Salai,Page 11 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013 Chennai – 600 002.10.The Superintending Engineer, Operation Maintenance, TANGEDCO, Udayapatti, Salem – 636 014.MUMMINENI SUDHEER KUMAR, J.jasPage 12 of 13 https://www.mhc.tn.gov.in/judis W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013W.P.Nos.2074 of 2011, 6503 of 2013 and 13793 of 2013andM.P.Nos.1 and 2 of 2011, 2 of 2013, 1 and 2 of 201323.07.2025Page 13 of 13