M.Hariharan, S/O.S.Madavan, Vs the Chairman Cum — Writ and Judicial Review | Madras HC (2025)

M.Hariharan, S/O.S.Madavan, Vs the Chairman Cum — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ Petition closed (not decided on merits) with liberty to the petitioners to work out their remedy if the order of the Hon'ble Apex Court extends any benefits in their favour; no order as to costs; connected miscellaneous petitions (W.M.P.(MD).Nos.1016, 1017 of 2019 and 19341 of 2023) closed.

Issue for consideration

Whether the impugned Memo.No.036258/1324/G.12/G.122/2018-93 dated 29.12.2018 was illegal and whether respondents No.1 and 2 should implement the promotion regulation as per proceedings in (Per.) B.P.(FB)No.17 dated 05.07.2003 and fill the backlog vacancies in the post of Junior Engineers(II) from the Technical Assistants cadre.

Court's answer

This Court, recording the submission (made by counsel, not adjudicated on merits) that the petitioners had already been promoted, closed the Writ Petition with liberty to the petitioners to work out their remedy if the order of the Hon'ble Apex Court extends any benefits in their favour. No order as to costs; connected miscellaneous petitions closed. The legality of the impugned memo and the promotion-regulation grievance were not decided by this Court.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD).No.1207 of 2019, decided 12.06.2025 by K. Rajasekar, J. Four individual employees and the TNEB Engineers' Union (represented by its General Secretary, R.Govindharajan) had filed a writ petition under Article 226 of the Constitution of India seeking a Certiorarified Mandamus to quash as illegal the memo of the Chief Engineer/Personnel, TANGEDCO bearing Memo.No.036258/1324/G.12/G.122/2018-93 dated 29.12.2018, and to direct TANGEDCO (Chairman cum Managing Director and Secretary) to implement the promotion regulation as per proceedings in (Per.) B.P.(FB)No.17 dated 05.07.2003 and to fill the backlog vacancies in the post of Junior Engineers(II) from the Technical Assistants cadre. On hearing, counsel for the petitioners reported that the petitioners had in the interim been promoted to the next level post, but that the challenge concerning eligibility of promotion remained not yet legally settled and was pending before the Hon'ble Apex Court, with a likelihood of extension of some benefits in future. Recording that submission, the Court CLOSED the writ petition with liberty to the petitioners to work out their remedy if the Supreme Court's order extends any benefits in their favour; there was no order as to costs and the connected miscellaneous petitions (W.M.P.(MD).Nos.1016, 1017 of 2019 and 19341 of 2023) were closed. The Court made no merits adjudication of the memo's legality and cited no precedent; the value of this order for citation is limited to the closure-with-liberty disposition.

W.P.(MD).No.1207 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12.06.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

W.P.(MD).No.1207 of 2019 and

W.M.P.(MD).Nos.1016, 1017 of 2019 & 19341 of 2023

1.M.Hariharan

2.S.Anandajothi

3.M.Aarthy

4.A.Parameswari

5.TNEB Engineers' Union, Represented by its General Secretary, R.Govindharajan.

.. Petitioners

Vs.

1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10^th Floor, NPKRR Maaligai, 144, Annasalai, Chennai – 600 002.

2.The Secretary,

Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10^th Floor, NPKRR Maaligai, 144, Annasalai, Chennai – 600 002.

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W.P.(MD).No.1207 of 2019

3.Chief Engineer/ Personnel, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10^th Floor, NPKRR Maaligai, 144, Annasalai, Chennai – 600 002. .. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Memo.No.036258/1324/G.12/G.122/2018-93 dated 29.12.2018 on the file of the respondent No.3, quash the same as illegal, and to consequently issue a direction, directing the respondents No.1 and 2 to implement the promotion regulation as per proceedings in (Per.) B.P.(FB)No.17 dated 05.07.2003 on the file of the respondent No.3 and fill in the backlog vacancies in the post of Junior Engineers(II) from the Technical Assistants cadre forthwith, within the time period stipulated by this Court.

For Petitioners : Mr.S.Rajasekar For Respondents : Mr.B.Ramanathan Standing Counsel

ORDER

It is reported by the learned counsel for the petitioners that the relief sought for in the present Writ Petition is relating to promotion of the petitioners. It is also submitted that the petitioners are subsequently promoted to the next level post. However, the challenge with regard to the eligibility of promotion is

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W.P.(MD).No.1207 of 2019

not yet legally settled. The issue is now pending before the Hon'ble Apex Court

and there is a likelihood of extending some benefits in future.

Recording the submission that the petitioners have already been

promoted, the Writ Petition is closed with liberty to the petitioners to work out their remedy if the order of the Hon'ble Apex Court extends any benefits in their favour. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

12.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10^th Floor, NPKRR Maaligai, 144, Annasalai, Chennai – 600 002.

2.The Secretary, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10^th Floor, NPKRR Maaligai, 144, Annasalai, Chennai – 600 002.

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W.P.(MD).No.1207 of 2019

3.Chief Engineer/ Personnel, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), 10^th Floor, NPKRR Maaligai, 144, Annasalai, Chennai – 600 002.

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W.P.(MD).No.1207 of 2019

K.RAJASEKAR,J.

Lm

W.P.(MD).No.1207 of 2019

12.06.2025

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