Two writ appeals were withdrawn by the appellants without prejudice to the legal questions raised. The High Court dismissed the intra-court appeals as withdrawn with liberty reserved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2019
CORAM
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU
W.A. Nos. 257 & 258 of 2013 and M.P. Nos. 1 & 2 of 2013 W.A. No.257 of 2013 D.Sathish ... Appellant/5th Petitioner Vs. 1.The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai – 600 002.
2.The Tamil Nadu Generation and Distribution Corporation Limited Rep by its Secretary 144, Anna Salai, Chennai – 600 002. 3.The Chief Engineer /Personnel Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai – 600 002. 4.TNEB Engineers Sangam Rep by its General Secretary 793, Anna Salai, Chennai 600 002. 5.K.Siva Kumar 6.S.Aruna 7.R.Anilal 8.P.Sasirekha 9.R.Parthsarathi 10.R.Sivasakthibalan 11.A.Infant Stein 12.S.Bagyalakshmi 13.J.Prakash ..Respondents/ Respondents/Petitioners 1 to 4 & 6 to 10
Appeal filed under Clause 15 of Letters Patent, to allow the Writ Appeal by setting aside the order of the Hon'ble Judge dated 07.12.2012 made in W.P. No. 21209 of 2012.
WP No.21209/2012 : Petition filed under Article 226 of the Constitution of India is issue a Writ of Certioraified mandamus Calling for the records of the 3rd respondent pertaining to the impugned proceedings of the 3rd respondent vide Letter No.000729/2/G.55/G.551/2012-1dt 27.1.2012 and quash the same and consequentially direct the 2nd and 3rd respondents to defer internal selection and resort to direct recruitment only till equilibrium is achieved among the strength of Assistant Engineers/Electrical appointed under the two modes of direct recruitment and internal selection.
For Appellant : Ms.S.Varsha for M/s.Naveen Kumar Murthy
For Respondents: Mr.R.Sunilkumar [For R4] Mr.P.R.Dhilip Kumar [For R1 to R3]
W.A. No.258 of 2013 R.Anand Babu ... Appellant/Petitioner Vs. 1.The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai – 600 002. 2.The Tamil Nadu Generation and Distribution Corporation Limited Rep by its Secretary 144, Anna Salai, Chennai – 600 002. 3.The Chief Engineer /Personnel Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai – 600 002.
4.S.P.Vinothkumar
5.O.Ramalingam
6.R.Rajesh
7.TNEB Engineers Sangam Rep by its General Secretary 793, Anna Salai, Chennai 600 002. ... Respondents/Respondents
Appeal filed under Clause 15 of the Letters Patent, to allow the writ appeal by setting aside the order of the Hon'ble Judge dated 07.12.2012 made in W.P. No.28649 of 2012.
WP No.28649/2019 : Petition filed under Article 226 of the Constitution of India is issue a Writ of Certioraified mandamus directing the respondents to implement the prescribed ratio 1:1
scrupulously defer internal selection and resort to direct recruitment only till equilibrium is achieved among the strength of Assistant Engineers/Electrical appointed under the two modes of recruitment viz. direct recruitment and internal selection.
For Appellant : Ms.S.Varsha for M/s.Naveen Kumar Murthy For Respondents: Mr.L.Chandrasekar [For R4 to R6] Mr.P.R.Dhilip Kumar [For R1 to R3] Mr.R.Sunilkumar [For R7]
J U D G M E N T (Judgment of the Court was delivered by K.K.Sasidharan, J.) The learned counsel for the appellants made an endorsement indicating that she is withdrawing the appeals with a rider that the withdrawal is without prejudice to the question of law raised in the appeals. 2.In view of the endorsement made by the learned counsel for the appellants, the intra court appeals are dismissed as withdrawn, taking into account the liberty sought by the appellants. No costs. Consequently, connected miscellaneous petitions are closed. Sd/Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar maya To 1.The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai – 600 002. 2.The Secretary Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai – 600 002. 3.The Chief Engineer /Personnel Tamil Nadu Generation and Distribution Corporation Limited 144, Anna Salai, Chennai – 600 002.
4.The General Secretary TNEB Engineers Sangam 793, Anna Salai, Chennai 600 002. +2ccs to Mr.J.Pradeep, Advocate SR.No.17052,17053 +1cc to Mr.L.Chandrakumar, Advocate SR.No.17419 +1cc to Mr.R.Sunil Kumar, Advocate SR.No.17154
W.A. Nos. 257 & 258 of 2013 and M.P. Nos. 1 & 2 of 2013 KK(CO) GMY(04/04/2019)
D. Sathish
R. Anand Babu
Tamil Nadu Generation and Distribution Corporation Limited
TNEB Engineers Sangam
K.K. Sasidharan
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
