Single Judge Bench issued a Writ of Mandamus directing respondents to consider a fresh representation regarding the petitioners' promotion claims and senority issues within six weeks, while expressly reserving all its views on the merits. Disposed.
Liberty to file fresh representation; direction to respondents to consider it within six weeks.
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.
W.P.No.20846 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.20846 of 2017
1.S.Perumal
2.A.Muthumanickam
4.T.Manimaran
...Petitioners
-Vs-
2.The Tamil Nadu Generation and Distribution Corporation Ltd., Rep. by its Secretary, No.144, Anna Salai, Chennai - 600 002.
..Respondents
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W.P.No.20846 of 2017
PRAYER:
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to forbear the respondent Board to first release the seniority list of Accounts Supervisors as per the Memo No. 064906/203/G29/G292/2010-36 dated 18.10.2016 and consequently direct the respondent Board to consider the petitioners' name for promotion to the post of Assistant Accounts Officer on par with their junior Mr.J.P.Rajasekaran Kumarakurubaran who was promoted on 30.06.2016 as Assistant Accounts Officer and grant all service benefits.
For Petitioners : M/s.Selvi George
For Respondents : Mr.K.Rajkumar
ORDER
The prayer sought for in the present writ petition is to forbear the respondent Board to release the seniority list of Accounts Supervisors as per the Memo dated 18.10.2016 and consequently direct them to consider the petitioners' names for promotion to the post of Assistant Accounts Officer, on par with their junior Mr.J.P.Rajasekaran Kumarakurubaran, who was promoted on 30.06.2016, together with all service benefits.
by the respondents and this Court may not be justified in stepping into the 2/5
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shoes of the respondents to consider the same. Nevertheless, if the petitioners are granted liberty to give a fresh representation to the respondents ventilating their grievances, with a consequential direction to the respondents to consider it within a stipulated time, the ends of justice could be secured.
liberty to give a fresh representation to the third respondent herein, ventilating their grievances and on receipt of the same, the third respondent shall consider it on its own merits and pass appropriate orders in accordance with law, in case the seniority list is not already released, within a period of six (6) weeks from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioners herein and it is open to the concerned respondent to consider it on its own merits.
4. With this direction, this writ petition stands disposed of. No costs.
04.01.2023
Index:Yes/No Internet:Yes/No
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W.P.No.20846 of 2017
hvk
M.S.RAMESH,J.
hvk
To
2.The Secretary, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.
W.P.No.20846 of 2017
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W.P.No.20846 of 2017
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1 issue framed by the court
Whether this Court can step into the shoes of the respondents to consider the release of the seniority list and grant promotions.
1 provisions across 1 enactments
S. Perumal and others
The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd.
The Chief Engineer (Personnel), Tamil Nadu Electricity Board
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
