IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.7.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.23202 of 2004 S.Ravindran ..Petitioner vs. The Chief Engineer (Personnel) Tamil Nadu Electricity Board, No.800 Anna Salai, Chennai-600 002. ..Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for records relating to the respondent's proceedings made in No.053444/253/G-55/G-552/2004-1 dated 5.7.2004, quash the same and consequently direct the respondent to promote the petitioner as Junior Engineer from the date on which his immediate junior was promoted as such and extend all benefits both service and monetary. For Petitioner : Mr.L.Chandrakumar For Respondent : Mr.B.Sekar O R D E R The Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for records relating to the respondent's proceedings made in No.053444/253/G-55/G-552/2004-1 dated 5.7.2004, quash the same and consequently direct the respondent to promote the petitioner as Junior Engineer from the date on which his immediate junior was promoted as such and extend all benefits both service and monetary. 2. The brief facts of the case is as follows:- Petitioner is a holder of I.I.T as a Fitter. After completion of training in BHEL, Trichy in 1984-85 and on obtaining National Apprenticeship Certificate, Tamil Nadu Electricity Board, the respondent selected the petitioner as Helper by direct recruitment on 30.1.1987. He was appointed as Fitter Grade-III in proceedings dated 7.9.1987. Thereafter, he was upgraded to the post of Fitter Grade-II. According to the petitioner, he is eligible to be considered for promotion to the post of Junior Engineer and he satisfies the https://hcservices.ecourts.gov.in/hcservices/ requirements for such promotion. He has the required qualification and experience and therefore, he claimed that he should be promoted as a Junior Engineer(Mechanical) in Grade-II and such request was rejected by the respondent on 5.7.2004 in Memo No.053444/253/G- 55/G-552/2004-1. Challenging the same, the writ petition has been filed. 3. A counter-affidavit has been filed by the respondent. 4. The condition of service of the petitioner is covered by the Tamil Nadu Electricity Board Service Regulation. Presently, the petitioner, who is working as a Fitter Grade-II, is classified under Chapter X, Regulation 88, Class III, Division IX, Regular Work Establishment Serial No.64 Fitter, Grade-II. 5. Regulation 92 deals with appointment to several Classes, Divisions and Categories and it reads as follows:- "92. Appointment: (a) Appointment to the several classes, divisions and categories specified in column (1) of Annexure-I shall be made as specified in the corresponding entry in column (2) thereof." In Annexure-I, referred to in Regulation 92 which finds place at page 131 of the Tamil Nadu Electricity Board Service Regulations, the post of Junior Engineer falls under Class III, Division I, Category 7, which reads as follows:- "ANNEXURE-I (Referred to in Regulation 92) Class (1) Division and Category (2) Method (3) CLASS III, DIVISION I Category 7 Junior Engineer (Mechanical) II Grade Appointment by internal selection of Mechanical Estimator or equivalent categories in Regular Work Establishment and Draughtsmen Note 1: For the purpose of appointment by internal selection, the selection shall be made on the basis of service rendered in the https://hcservices.ecourts.gov.in/hcservices/ categories mentioned above with diploma qualification. Note 2: One out of every four vacancies occurring in the category of Junior Engineers (Mechanical) II Grade may be filled or reserved to be filled by the appointment of the holders of posts in Division IX Class III, who are holders of completed S.S.L.C., issued under the authority of the Government of Tamil Nadu and who possess not less than six years practical experience in Mechanical Engineering in the Government Electricity Department and the Board or in any Department of the State or not less than 10 years practical experience in all including experience elsewhere or by the appointment of Transport Oversears, I Grade who possess not less than twelve years experience in the Government Electricity Department and the Board. The regulations relating to age and educational qualifications shall not apply to persons appointed under this provision." 6. In the present case, petitioner claims that he should be promoted as Junior Engineer, Grade II by way of internal selection as he falls under the category Regular Work Establishment and is a non- diploma holder. Therefore, Note 2 will apply. As per Note 2 petitioner and similarly placed persons are entitled to one post out of four vacancies in the post of Junior Engineer, Mechanical Grade II. The persons entitled to appointment to the above said post are from the category of Division IX, Class III of Regular Work Establishment. They should have completed SSLC as set out in Note 2 and should have the requisite experience. In this case, qualification and experience is not disputed and is accepted by the respondent in the impugned order itself. Stating that the petitioner is fully qualified to be appointed to the post of Junior Engineer, Mechanical Grade II, the present writ petition has been filed to quash the impugned proceedings. The relevant portion of the impugned order is paragraphs 3 and 4 and it reads as follows:- "3. He is also informed that as per provision in Tamil Nadu Electricity Board Service Regulation and rules in force the selection to the post of Junior Engineer/Mechanical-II Grade (Non- Diploma) is Line Inspector or equivalent posts. 4. Thiru S.Ravindran, Fitter-II Grade is informed that he is having required qualification https://hcservices.ecourts.gov.in/hcservices/ and experience, but the post which he holds is not equivalent to Line Inspector. Hence he was not eligible to be considered for selection to the post of Junior Engineer/Mechanical-II Grade as per the existing Board's provision." 7. Counter-affidavit has been filed reiterating the stand taken in the impugned order. Except referring to the Regulations as above no relevant portion of the regulation has been shown by the learned counsel for the respondent as to how they are entitled to state that the petitioner should be in the Category of Line Inspector or equivalent post. Nowhere in the Regulation it has been pointed out that such a condition finds place. Annexure-I, Class III, Division 1 Category 7 Note states that the person eligible for promotion to the post of Junior Engineer should possess requisite experience and qualification and should hold post in Division IX Class III of Regular Work Establishment. The respondent contrary to the Regulation has created an artificial demarcation stating that the petitioner should hold the post of Line Inspector or equivalent post. This stand that the petitioner will not be entitled to be promoted as Junior Engineer(Mechanical) Grade II, is contrary to the Regulation. Therefore, the contention of the respondent in the impugned order stands rejected. Petitioner is entitled to be considered and appointed to the post of Junior Engineer(Mechanical) Grade II. 8. In the result, the impugned order is set aside. The Writ Petition is allowed as prayed for. Respondent is directed to implement the order within 12 weeks from the date of receipt of a copy of this order. No costs. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ts To The Chief Engineer (Personnel) Tamil Nadu Electricity Board, No.800 Anna Salai, Chennai-600 002. + 1 c.c. to Mr. L. Chandrakumar, Advocate. S.R.No.33206. Order in W.P.No.23202 of 2004 BKY (CO) GSK 31.07.2009. https://hcservices.ecourts.gov.in/hcservices/