IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2009 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.12558, 12363, 12364, 13049 and 16627 of 2009 and M.P.Nos.1 and 2 of 2009 and M.P.1 of 2009 in W.P.Nos.12558, 12363,12364 and 13049 of 2009 (7 Nos) G.Annadurai ... Petitioner in W.P.No.12588/09 T.Sivavadivel ... Petitioner in W.P.No.12363/09 U.Ramachandran ... Petitioner in WP No.12364/09 M.Madhavan ... Petitioner in W.P.No.13049/09 S.Varadharaju ... Petitioner in W.P.No.16627/09 Vs. 1. The Secretary to the Government of Tamilnadu, Energy Department, Fort St.George, Secretariat, Chennai. 2. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 3. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. ....R1 to R3 in W.Ps.12558,12363,12364/09 4. The Superintending Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri. 5. The Assistant Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri. 6. The District Employment Officer, Dharmapuri, Dharmapuri District. ..R4 to R6 in W.Ps.12558/09 https://hcservices.ecourts.gov.in/hcservices/ 4. The Superintending Engineer, Tamil Nadu Electricity Board, Nagapattinam Region, Nagapattinam. 5. The Assistant Engineer, Tamil Nadu Electricity Board, Nagapattinam Region, Nagapattinam. 6. The District Employment Officer, Nagapattinam, Nagapattinam District. ...R4 to R6 in W.Ps.12363/09, 12364/09 1. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 2. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. 3. The Employment Officer, Employment Exchange, Vellore, (N.A.Dist.). ...Respondents in W.Ps.13049/09 1. The District Employment Officer, Vellore. 2. The Chairman, The Tamil Nadu Electricity Board, Chennai. ...Respondents in W.P.16627/09 Prayer in W.P.12558/09: Petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the sixth respondent to sponsor the name of the petitioner for the appointment of the post of Technical Assistant in Tamil Nadu Electricity Board by issuing interview call letter for the same, forthwith, enabling him to attend the interview conducted by the respondents 2 and 3 from 06.07.2009 onwards. Prayer in W.Ps.12363 and 12364/09: Petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the sixth respondent to issue the call letter for the post of Technical Assistant in Tamil Nadu Electricity Board and consequently appoint the petitioner in the post of Technical Assistant in Tamilnadu Electricity Board based on the representation made by the petitioner on 23.06.2009. Prayer in W.P.13049/09: Petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the respondents to include the name of the petitioner https://hcservices.ecourts.gov.in/hcservices/ Mr.M.Madhavan in the proposed list for the interview and the subsequent appointment as Technical Assistant in the Tamil Nadu Electricity Board. Prayer in W.P.16627/09: Petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct the first respondent herein to sponsor the petitioner's name from the employment exchange by relaxing the age to the extent of ban in terms of the Government Order No.98 dated 17.07.2006 and consequently direct the respondent to consider the petitioner's application dated 22.09.2008 for the post of Electrician in the respondent department. For Petitioners : Mr.V.Neethi Durai in W.P.12558/09 Mr.Kasinatha Bharathi in W.Ps.12363 and 12364/09 Mr.T.M.Kannan in WP13049/09 Mr.T.R.Rajgajendran in W.P.16627/09 For Respondents : Mr.M.Vaidyanathan for TNEB Mr.R.Neelakandan Government Advocate for Govt., Authorities C O M M O N O R D E R Heard both sides. 2. The petitioner in all these writ petitions belong to Backward Class community Most Backward Class community. They also got Diploma in Electronic and Communication Engineering (ECE) and Diploma in Electrical and Electronic Engineering (EEE) respectively. The petitioner in W.P.13049/09 had also undergone Apprenticeship training. The petitioners got their names registered in the Employment Exchange. 3. It is the case of the petitioners that they had been waiting for many years for sponsoring their names through the Employment Exchange for the respective post of Technical Assistant and Electrician in the Tamil Nadu Electricity Board and since they did not get any opportunity and when they found that they were calling for names for the above said posts of Technical Assistant and Electrician, they have come forward to file the present writ petitions seeking for a direction to the sixth respondent to sponsor their names for appointment to the posts of Technical Assistant and Electrician and also to give a call letter to enable the petitioners to attend the interview conducted by the Tamil Nadu Electricity Board. 4.The only contention raised by the petitioners was that there was a ban order in recruitment of employees by the Government which are also made applicable to the Tamil Nadu Electricity Board and subsequently the Government issued G.O.Ms.No.98, Personnel and Administrative Reforms(s) Department dated 17.07.2006. In the https://hcservices.ecourts.gov.in/hcservices/ said Government Order, the Government took a policy decision to grant 5 years exemption from the upper age limit in view of the ban order being lifted and pursuant to the said policy decision, the State Government directed that in respect of recruitment to all State and Subordinate Service by direct recruitment, the relaxation from the upper age limit can be given for a period of five years. 5. The respondent, the Tamil Nadu Electricity Board adopted the existing G.O. by full proceedings F.B.No.25, Administrative Branch dated 28.10.2006. Though the said order states that necessary amendment to the Tamil Nadu Electricity Board Service Regulations will be issued separately, the learned standing counsel states that till date, no such amendment have been made. 6. On notice from this Court, the respondent has filed counter affidavit dated 16.12.2009. In the counter affidavit, they have stated that the said Government order has been implemented by the Board in respect of the present recruitment and in paragraph No.6 it was averred as follows:- " 6. While requesting the Employment Exchange to sponsor the names of Diploma holders, the Board has requested it to send the names of candidates who satisfy the age recruitment as indicated below as on 01.07.2007 based on the orders of the Government in which the following age concession were given. SC/ST - 40 years as on 01.07.2007 BC/MBC/DC - 37 years as on 01.07.2007 OC - 35 years as on 01.07.2007" 7. It is stated that the date of age was recommended on 01.07.2000 for the recruitment and for BC and MBC categories the upper age was fixed as 37 years whereas as per the Statutory service still in force is 32 years. In the case of the petitioners in all these writ petitions, even at that time the petitioners were 32 years respectively and when they filed the present writ petitions their age was 40 years, 40 years, 39 years, 40 years and 41 years respectively . Therefore the question of giving mandamus to Board contrary to the Statutory is not permissible. Since the respondent implemented the Government Order in G.O.Ms.No.98 even without any statutory amendment, the prayer made by the petitioners cannot be countenanced by this Court. The writ petitions are dismissed. No costs. Consequently connected MPs are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vri https://hcservices.ecourts.gov.in/hcservices/ To 1. The Secretary to the Government of Tamilnadu, Energy Department, Fort St.George, Secretariat, Chennai-9 2. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 3. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. 4. The Superintending Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri. 5. The Assistant Engineer, Tamil Nadu Electricity Board, Dharmapuri Region, Dharmapuri. 6. The District Employment Officer, Dharmapuri, Dharmapuri District. 7. The District Employment Officer, Nagapattinam, Nagapattinam District. 8. The Employment Officer, Employment Exchange, Vellore, (N.A.Dist.). 9. The District Employment Officer, Vellore. 10. The Assistant Engineer, T.N.E.B. Nagapattinam Region, Nagapattinam + 1 cc to Mr.R.Thamarai Selvan, Advocate SR 70323 + 2 cc to Mr.M.Vaidyanathan, Advocate, SR 63492 & 70328 + 4 ccs to the Govt., Pleader SR 70222, 70223, 70424, 70422 W.P.Nos.12558, 12363, 12364, 13049 and 16627 of 2009 DM (CO) RH (20.1.10) https://hcservices.ecourts.gov.in/hcservices/