S.Ravindran v. The Chief Engineer (Personnel) Tamil Nadu Electricity Board, No.800 Anna Salai, Chennai-600 002

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.7.2009CORAMTHE HONOURABLE MR.JUSTICE R.SUDHAKARWrit Petition No.23202 of 2004 S.Ravindran ..Petitioner vs.The Chief Engineer (Personnel) Tamil Nadu Electricity Board,No.800 Anna Salai,Chennai-600 002. ..Respondent Writ Petition is filed under Article 226 of the Constitution ofIndia praying to issue a Writ of Certiorarified Mandamus callingfor records relating to the respondent's proceedings made inNo.053444/253/G-55/G-552/2004-1 dated 5.7.2004, quash the same andconsequently direct the respondent to promote the petitioner asJunior Engineer from the date on which his immediate junior waspromoted as such and extend all benefits both service and monetary.For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.B.Sekar O R D E RThe Writ Petition is filed praying to issue a Writ ofCertiorarified Mandamus, calling for records relating to therespondent's proceedings made in No.053444/253/G-55/G-552/2004-1dated 5.7.2004, quash the same and consequently direct the respondentto promote the petitioner as Junior Engineer from the date on whichhis immediate junior was promoted as such and extend all benefitsboth service and monetary.2. The brief facts of the case is as follows:- Petitioner isa holder of I.I.T as a Fitter. After completion of training in BHEL,Trichy in 1984-85 and on obtaining National ApprenticeshipCertificate, Tamil Nadu Electricity Board, the respondent selectedthe petitioner as Helper by direct recruitment on 30.1.1987. He wasappointed as Fitter Grade-III in proceedings dated 7.9.1987.Thereafter, he was upgraded to the post of Fitter Grade-II.According to the petitioner, he is eligible to be considered forpromotion to the post of Junior Engineer and he satisfies the https://hcservices.ecourts.gov.in/hcservices/ requirements for such promotion. He has the required qualificationand experience and therefore, he claimed that he should be promotedas a Junior Engineer(Mechanical) in Grade-II and such request wasrejected by the respondent on 5.7.2004 in Memo No.053444/253/G-55/G-552/2004-1. Challenging the same, the writ petition has beenfiled.3. A counter-affidavit has been filed by the respondent. 4. The condition of service of the petitioner is covered by theTamil Nadu Electricity Board Service Regulation. Presently, thepetitioner, who is working as a Fitter Grade-II, is classified underChapter X, Regulation 88, Class III, Division IX, Regular WorkEstablishment Serial No.64 Fitter, Grade-II. 5. Regulation 92 deals with appointment to several Classes,Divisions and Categories and it reads as follows:-"92. Appointment:(a) Appointment to the several classes,divisions and categories specified in column (1) ofAnnexure-I shall be made as specified in thecorresponding entry in column (2) thereof."In Annexure-I, referred to in Regulation 92 which finds place at page131 of the Tamil Nadu Electricity Board Service Regulations, the postof Junior Engineer falls under Class III, Division I, Category 7,which reads as follows:- "ANNEXURE-I (Referred to in Regulation 92)Class(1)Division andCategory(2)Method(3)CLASS III,DIVISION ICategory 7JuniorEngineer(Mechanical)II GradeAppointment byinternal selection ofMechanical Estimatoror equivalentcategories in RegularWork Establishmentand DraughtsmenNote 1: For the purpose of appointment by internalselection, the selection shall be made onthe basis of service rendered in the https://hcservices.ecourts.gov.in/hcservices/ categories mentioned above with diplomaqualification.Note 2: One out of every four vacancies occurringin the category of Junior Engineers(Mechanical) II Grade may be filled orreserved to be filled by the appointment ofthe holders of posts in Division IX ClassIII, who are holders of completed S.S.L.C.,issued under the authority of theGovernment of Tamil Nadu and who possessnot less than six years practicalexperience in Mechanical Engineering in theGovernment Electricity Department and theBoard or in any Department of the State ornot less than 10 years practical experiencein all including experience elsewhere orby the appointment of Transport Oversears,I Grade who possess not less than twelveyears experience in the GovernmentElectricity Department and the Board. Theregulations relating to age and educationalqualifications shall not apply to personsappointed under this provision."6. In the present case, petitioner claims that he should bepromoted as Junior Engineer, Grade II by way of internal selection ashe falls under the category Regular Work Establishment and is a non-diploma holder. Therefore, Note 2 will apply. As per Note 2petitioner and similarly placed persons are entitled to one post outof four vacancies in the post of Junior Engineer, Mechanical GradeII. The persons entitled to appointment to the above said post arefrom the category of Division IX, Class III of Regular WorkEstablishment. They should have completed SSLC as set out in Note 2and should have the requisite experience. In this case,qualification and experience is not disputed and is accepted by therespondent in the impugned order itself. Stating that the petitioneris fully qualified to be appointed to the post of Junior Engineer,Mechanical Grade II, the present writ petition has been filed toquash the impugned proceedings. The relevant portion of the impugnedorder is paragraphs 3 and 4 and it reads as follows:- "3. He is also informed that as perprovision in Tamil Nadu Electricity Board ServiceRegulation and rules in force the selection to thepost of Junior Engineer/Mechanical-II Grade (Non-Diploma) is Line Inspector or equivalent posts.4. Thiru S.Ravindran, Fitter-II Grade isinformed that he is having required qualification https://hcservices.ecourts.gov.in/hcservices/ and experience, but the post which he holds is notequivalent to Line Inspector. Hence he was noteligible to be considered for selection to the postof Junior Engineer/Mechanical-II Grade as per theexisting Board's provision." 7. Counter-affidavit has been filed reiterating the stand takenin the impugned order. Except referring to the Regulations as aboveno relevant portion of the regulation has been shown by the learnedcounsel for the respondent as to how they are entitled to state thatthe petitioner should be in the Category of Line Inspector orequivalent post. Nowhere in the Regulation it has been pointed outthat such a condition finds place. Annexure-I, Class III, Division1 Category 7 Note states that the person eligible for promotion tothe post of Junior Engineer should possess requisite experience andqualification and should hold post in Division IX Class III ofRegular Work Establishment. The respondent contrary to the Regulationhas created an artificial demarcation stating that the petitionershould hold the post of Line Inspector or equivalent post. Thisstand that the petitioner will not be entitled to be promoted asJunior Engineer(Mechanical) Grade II, is contrary to the Regulation.Therefore, the contention of the respondent in the impugned orderstands rejected. Petitioner is entitled to be considered andappointed to the post of Junior Engineer(Mechanical) Grade II.8. In the result, the impugned order is set aside. The WritPetition is allowed as prayed for. Respondent is directed toimplement the order within 12 weeks from the date of receipt of acopy of this order. No costs.sd/-Asst.Registrar/true copy/Sub Asst.RegistrartsTo The Chief Engineer (Personnel) Tamil Nadu Electricity Board, No.800 Anna Salai, Chennai-600 002. + 1 c.c. to Mr. L. Chandrakumar, Advocate. S.R.No.33206. Order in W.P.No.23202 of 2004BKY (CO)GSK 31.07.2009.