G.Annadurai v. The Secretary to the Government of Tamilnadu, Energy Department, Fort St.George, Secretariat, Ch

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 19.12.2009CORAM:THE HON’BLE MR. JUSTICE K.CHANDRUW.P.No.12558, 12363, 12364, 13049 and 16627 of 2009andM.P.Nos.1 and 2 of 2009 and M.P.1 of 2009inW.P.Nos.12558, 12363,12364 and 13049 of 2009 (7 Nos)G.Annadurai ... Petitioner in W.P.No.12588/09T.Sivavadivel ... Petitioner in W.P.No.12363/09U.Ramachandran ... Petitioner in WP No.12364/09M.Madhavan ... Petitioner in W.P.No.13049/09S.Varadharaju ... Petitioner in W.P.No.16627/09Vs.1. The Secretary to the Government of Tamilnadu, Energy Department, Fort St.George, Secretariat, Chennai.2. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002.3. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002.....R1 to R3 in W.Ps.12558,12363,12364/094. The Superintending Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri.5. The Assistant Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri.6. The District Employment Officer,Dharmapuri, Dharmapuri District. ..R4 to R6 in W.Ps.12558/09 https://hcservices.ecourts.gov.in/hcservices/

4. The Superintending Engineer, Tamil Nadu Electricity Board, Nagapattinam Region, Nagapattinam.5. The Assistant Engineer, Tamil Nadu Electricity Board, Nagapattinam Region, Nagapattinam.6. The District Employment Officer, Nagapattinam, Nagapattinam District. ...R4 to R6 in W.Ps.12363/09, 12364/091. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002.2. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002.3. The Employment Officer, Employment Exchange, Vellore, (N.A.Dist.)....Respondents in W.Ps.13049/091. The District Employment Officer, Vellore.2. The Chairman, The Tamil Nadu Electricity Board, Chennai....Respondents inW.P.16627/09Prayer in W.P.12558/09: Petition under Article 226 of theConstitution of India praying for issuance of writ of mandamusdirecting the sixth respondent to sponsor the name of thepetitioner for the appointment of the post of Technical Assistantin Tamil Nadu Electricity Board by issuing interview call letterfor the same, forthwith, enabling him to attend the interviewconducted by the respondents 2 and 3 from 06.07.2009 onwards.Prayer in W.Ps.12363 and 12364/09: Petition under Article 226 ofthe Constitution of India praying for issuance of writ of mandamusdirecting the sixth respondent to issue the call letter for thepost of Technical Assistant in Tamil Nadu Electricity Board andconsequently appoint the petitioner in the post of TechnicalAssistant in Tamilnadu Electricity Board based on therepresentation made by the petitioner on 23.06.2009.Prayer in W.P.13049/09: Petition under Article 226 of theConstitution of India praying for issuance of writ of mandamusdirecting the respondents to include the name of the petitioner https://hcservices.ecourts.gov.in/hcservices/ Mr.M.Madhavan in the proposed list for the interview and thesubsequent appointment as Technical Assistant in the Tamil Nadu Electricity Board.Prayer in W.P.16627/09: Petition under Article 226 of theConstitution of India praying for issuance of writ of mandamus todirect the first respondent herein to sponsor the petitioner's namefrom the employment exchange by relaxing the age to the extent ofban in terms of the Government Order No.98 dated 17.07.2006 andconsequently direct the respondent to consider the petitioner'sapplication dated 22.09.2008 for the post of Electrician in therespondent department.For Petitioners : Mr.V.Neethi Durai in W.P.12558/09 Mr.Kasinatha Bharathi in W.Ps.12363 and 12364/09 Mr.T.M.Kannan in WP13049/09 Mr.T.R.Rajgajendran in W.P.16627/09For Respondents : Mr.M.Vaidyanathan for TNEB Mr.R.Neelakandan Government Advocate for Govt., Authorities C O M M O N O R D E RHeard both sides.2. The petitioner in all these writ petitions belong toBackward Class community Most Backward Class community. They alsogot Diploma in Electronic and Communication Engineering (ECE) andDiploma in Electrical and Electronic Engineering (EEE)respectively. The petitioner in W.P.13049/09 had also undergoneApprenticeship training. The petitioners got their names registeredin the Employment Exchange. 3. It is the case of the petitioners that they had beenwaiting for many years for sponsoring their names through theEmployment Exchange for the respective post of Technical Assistantand Electrician in the Tamil Nadu Electricity Board and since theydid not get any opportunity and when they found that they werecalling for names for the above said posts of Technical Assistantand Electrician, they have come forward to file the present writpetitions seeking for a direction to the sixth respondent tosponsor their names for appointment to the posts of TechnicalAssistant and Electrician and also to give a call letter to enablethe petitioners to attend the interview conducted by the Tamil NaduElectricity Board.4.The only contention raised by the petitioners was that therewas a ban order in recruitment of employees by the Government whichare also made applicable to the Tamil Nadu Electricity Board andsubsequently the Government issued G.O.Ms.No.98, Personnel andAdministrative Reforms(s) Department dated 17.07.2006. In the https://hcservices.ecourts.gov.in/hcservices/ said Government Order, the Government took a policy decision togrant 5 years exemption from the upper age limit in view of the banorder being lifted and pursuant to the said policy decision, theState Government directed that in respect of recruitment to allState and Subordinate Service by direct recruitment, the relaxationfrom the upper age limit can be given for a period of five years. 5. The respondent, the Tamil Nadu Electricity Boardadopted the existing G.O. by full proceedings F.B.No.25,Administrative Branch dated 28.10.2006. Though the said orderstates that necessary amendment to the Tamil Nadu Electricity BoardService Regulations will be issued separately, the learned standingcounsel states that till date, no such amendment have been made. 6. On notice from this Court, the respondent has filed counteraffidavit dated 16.12.2009. In the counter affidavit, they havestated that the said Government order has been implemented by theBoard in respect of the present recruitment and in paragraph No.6it was averred as follows:-" 6. While requesting the Employment Exchangeto sponsor the names of Diploma holders, the Boardhas requested it to send the names of candidateswho satisfy the age recruitment as indicated belowas on 01.07.2007 based on the orders of theGovernment in which the following age concessionwere given.SC/ST- 40 years as on01.07.2007BC/MBC/DC- 37 years as on 01.07.2007OC- 35 years as on 01.07.2007"7. It is stated that the date of age was recommended on01.07.2000 for the recruitment and for BC and MBC categories theupper age was fixed as 37 years whereas as per the Statutoryservice still in force is 32 years. In the case of the petitionersin all these writ petitions, even at that time the petitioners were32 years respectively and when they filed the present writpetitions their age was 40 years, 40 years, 39 years, 40 years and41 years respectively . Therefore the question of giving mandamusto Board contrary to the Statutory is not permissible. Since therespondent implemented the Government Order in G.O.Ms.No.98 evenwithout any statutory amendment, the prayer made by the petitionerscannot be countenanced by this Court. The writ petitions aredismissed. No costs. Consequently connected MPs are closed. Sd/Asst.Registrar/true copy/Sub Asst.Registrarvri https://hcservices.ecourts.gov.in/hcservices/ To1. The Secretary to the Government of Tamilnadu, Energy Department, Fort St.George, Secretariat, Chennai-92. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002.3. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002.4. The Superintending Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri.5. The Assistant Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri.6. The District Employment Officer, Dharmapuri, Dharmapuri District. 7. The District Employment Officer, Nagapattinam, Nagapattinam District. 8. The Employment Officer, Employment Exchange, Vellore, (N.A.Dist.).9. The District Employment Officer, Vellore.10. The Assistant Engineer, T.N.E.B. Nagapattinam Region, Nagapattinam+ 1 cc to Mr.R.Thamarai Selvan, Advocate SR 70323+ 2 cc to Mr.M.Vaidyanathan, Advocate, SR 63492 & 70328+ 4 ccs to the Govt., Pleader SR 70222, 70223, 70424, 70422W.P.Nos.12558, 12363, 12364, 13049 and 16627 of 2009DM (CO)RH (20.1.10)