Dismissed¶¶29

Ganesh v. the Chairman Cum Managing Director

Madras HC12 Feb 2025WP/583/2024

Case brief

AI extract

What is this about?

TANGEDCO internal selection to post of Technical Assistant/Electrical; eligibility criterion of regular time scale of pay; Gangman appointed on consolidated pay by Tamilnadu Electricity Board in 2021; writ of certiorari under Article 226 against letter of Chief Engineer/Personnel Administrative Branch; reasoning of Single Judge in W.P.No. 943 of 2024 (Tamilnadu Minsaara Vaariya Gangman Thozhil Sangam) followed; writ petition dismissed, no costs, connected miscellaneous petitions closed; Madras High Court; C.V. Karthikeyan J.; decided 12.02.2025.

What did the court decide?

Since the petitioner was appointed as Gangman on consolidated pay and had not been drawn into regular time scale of pay, he is not eligible to be considered for the post of Technical Assistant/Electrical. ¶¶28

Ganesh Vs the Chairman Cum Managing Director — Writ and Judicial Review | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.02.2025

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CORAM

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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W.P.No. 583 of 2024 And

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W.M.P.Nos. 568 & 570 of 2024

Ganesh

... Petitioner

..Vs..

The Chairman cum Managing Director TANGEDCO Chennai.

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The Chief Engineer/Personnel Administrative Branch N.P.K.R.R Maaligai 144, Anna Salai, Chennai – 600 002.

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The Superintendent Engineer TANGEDCO, South-I Chennai. ...Respondents

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PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari to call for the records issued by the second respondent in letter No. 32194/G.19/G.191/20231 dated 12.12.2023 and to quash the same.

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For Petitioner :: Mr. C.Iyyapparaj

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https://www.mhc.tn.gov.in/judis

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For Respondents :: Mr. K.Rajkumar

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ORDER

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The Writ Petition has been filed in the nature of a Certiorari seeking records relating to a letter dated 12.02.2023 issued by the second respondent/Chief Engineer/ Personnel Administrative Branch, Chennai of TANGEDCO and to quash the same.

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In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner was appointed as Gangman through direct recruitment by Tamilnadu Electricity Board in 2021. His service had also been regularised. At the time of filing the Writ Petition, he was working in Sundarapuram Section at Tiruvannamalai District. The petitioner had also completed his B.E in Computer Science. It had been stated that the respondents had called for applications by internal selection for the post of Technical Assistant. The petitioner had applied for the same. But however by the impugned order, it had been stated that one of the eligible criteria for that post is that the employees who alone are drawing regular time scale of pay are entitled for internal selection. The petitioner was not working under regular time scale of pay. Therefore, he had challenged the said letter dated 12.02.2023.

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https://www.mhc.tn.gov.in/judis

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In this connection, my attention had also been drawn to an

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earlier order passed by a learned Single Judge of this Court in W.P.No. 943 of 2024 filed by the Tamilnadu Minsaara Vaariya Gangman Thozhil Sangam at Chennai, wherein the very same letter dated 12.02.2023 had been examined. The learned Single Judge had dismissed the Writ Petition by stating that the members of the Sangam had been appointed on consolidated pay and their services had not been regularised under time scale of pay, and that therefore that they are not eligible to apply for the post of Technical Assistant / Electrical by internal selection.

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The petitioner in this case had also been appointed as

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Gangman on consolidated pay. He had not been drawn into regular time scale of pay and therefore, he is not eligible to be considered for the post of Technical Assistant/Electrical. The reasoning of the Single Judge would apply directly to the facts of this case and to the petitioner herein.

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