High Court · 2025

W.P.No.36784 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.11.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No. 36784 of 2025 andW.M.P.No s . 41145 & 41147 of 2025 1.S.M.Karthikeyan2.R.Kavitha3.R.Sivakumar4.N.Saravanan5.M.Abdul Khaadar6.K.Jobin Stephenson7.D.Painthamil Selvan8.R.Ragavendran9.P.Kuppusami10.H.Pradhaban11.M.Vinoth Kumar12.C.Nagappan13.M.Ramesh14.G.Shankar15.R.Gopinath16.Padmavathi... Petitioners-Vs-1.The Chairman Cum Managing Director,Page No.1 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 2025 Erstwhile TANGEDCO Now TNPDCL, No.144, Anna Salai, Chennai – 600 002.2.The Chief Engineer/Personnel, Personnel Officer / Recruitment, Erstwhile TANGEDCO Now TNPDCL, No.144, Anna Salai, Chennai – 600 002.3.The Secretary, Tamil Nadu, Generation and Distribution Corporation Ltd., Erstwhile TANGEDCO Now TNPDCL, No.144, Anna Salai, Chennai – 600 002.4.The Secretary, Tamil Nadu Public Service Commission, No.3, TNPSC Road, VOC Nagar, Park Town, Chennai – 600 003.... RespondentsPrayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent relating to the order in Letter No.043664/G20/G202/2023-1 dated 18.03.2024 and Notification No.13/2025 in Advertisement No.717 Combined Technical Service Examination (ITI Level) – II, dated 03.09.2025 inviting applications for filling up the 1794 posts of Helper/Field Assistant issued by the 4th respondent, quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the respondents herein to consider and absorb the petitioners and similarly placed Page No.2 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 2025apprentices for appointment as Helper/Field Assistants or in any other suitable category by relaxing the upper age limit of the petitioners within the respondent 1st to 3rd departments in accordance with Section 22(1) of the Apprentices Act, 1961, as amended by Act 29 of 2014 with effect from 22.12.2014.For Petitioners:Mr.K.S.ViswanathanSenior Counselfor Ms.T.DharaniFor Respondents:Mr.R.Nikkilesh Athavfor Mr.K.Rajkumar [R1 to R3]Mr.B.VijayStanding Counsel [R4]*****O RDER This Writ Petition has been filed challenging the order passed by the 2nd respondent, dated 18.03.2024, thereby rejecting the representations submitted by the petitioners seeking appointment in the post of Helper/Field Assistant and also challenging the notification, dated 03.09.2025, thereby inviting applications for filling up 1794 posts of Helper/Field Assistant.2. Heard both sides and perused the materials available on record.Page No.3 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 20253. The petitioners have undergone apprenticeship training conducted by the National Council for Vocational Training, Ministry of Labour and Employment, Government of India, for the purpose of securing employment in the Tamil Nadu Power Distribution Corporation Limited (TNPDCL) as per Apprentices Act, 1961 (in short ‘the Act’). As per Section 22 of the Act, it shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer. Subsequently, it was amended with effect from 22.12.2014, by which Section 22(1) was amended as ‘every employer shall formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in his establishment’. Accordingly, the petitioners have submitted their representations to frame a recruitment policy as mandated u/s 22(1) of the Act. However, it was not considered and as such, they have filed a writ petition before this Court in W.P.No.17334 of 2023. This Page No.4 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 2025Court, by its order, dated 12.06.2023, directed the respondents to consider the representations submitted by the petitioners and pass orders in accordance with law. Accordingly, the 2nd respondent formulated the policy, dated 31.08.2017, which is extracted herein:-“(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. RajyaVidyutParishad Apprentice Welfare Association 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 Ltd/ TANGEDCO/TANTRANSCO.”4. In pursuance to the same, the petitioners have submitted representations seeking appointment by absorption as Helper/Field Assistant. In the meanwhile, the respondents also issued a notification dated 03.09.2025 for Page No.5 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 2025filling up 1794 posts of Helper/Field Assistant. On a perusal of the counter affidavit filed by the 4th respondent and also on the submissions made by the respective learned Standing Counsel appearing for the respondents, it is revealed that, when the petitioners being apprentice, cannot claim any right of employment from the employer. As per the existing provisions and as per Section 22 of the Act, they are not entitled to any employment, since it shall not be obligatory to offer any employment to any apprentice. Further, as per the policy, dated 31.08.2017 and as per Section 22 of the Act, the apprentice can participate in the selection process and they will be given preference in appointment as per law. Further, the age relaxation will be allowed to the extent of actual period of training undergone. In fact, the petitioners have also participated in the selection process as per the notification, dated 03.09.2025, which is under challenge in this writ petition. Once the petitioners having been participated in the selection process as per the impugned notification, they cannot challenged the very notification.Page No.6 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 20255. In view of the above, this Court does not find any infirmity or illegality in the order passed by the 2nd respondent dated 18.03.2024 the and notification dated 03.09.2025. Hence, the writ petition is devoid of merits and the same is liable to be dismissed.6. Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.19.11.2025Index : Yes/No(2/2)Neutral Citation: Yes/NoSpeaking/Non Speaking orderspTo1.The Chairman Cum Managing Director, Erstwhile TANGEDCO Now TNPDCL, No.144, Anna Salai, Chennai – 600 002.2.The Chief Engineer/Personnel, Personnel Officer / Recruitment, Erstwhile TANGEDCO Now TNPDCL, No.144, Anna Salai, Chennai – 600 002.Page No.7 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 20253.The Secretary, Tamil Nadu, Generation and Distribution Corporation Ltd., Erstwhile TANGEDCO Now TNPDCL, No.144, Anna Salai, Chennai – 600 002.4.The Secretary, Tamil Nadu Public Service Commission, No.3, TNPSC Road, VOC Nagar, Park Town, Chennai – 600 003.Page No.8 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 2025G.K.ILANTHIRAIYAN. J,spW.P.No. 36784 of 2025 Page No.9 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 20251 9 .11.2025 (2/2)Page No.10 of 11 https://www.mhc.tn.gov.in/judis W.P.No.36784 of 2025W.M.P.No. 41144 of 202 5 inW.P.No. 36784 of 202 5 G.K.ILANTHIRAIYAN, J.Ordered on payment on single court fee.19.11.2025sp(½)Page No.11 of 11