1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.11462 of 2011 1. M.A.Sathishkumar 2. V.Gnanabalan 3. P.Nagabalan 4. G.Guganathan .. Petitioners Vs. 1. The Chairman/The Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., Shortly as TANGED Co. Ltd., Formerly known as TNEB, No.144, Anna Salai, Chennai-600 002. 2. The Chief Internal Audit Officer, Audit Branch, Tamil Nadu Generation and Distribution Corporation Ltd., Shortly as TANGED Co. Ltd., Chennai-600 002. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the second respondent to dispose of the petitioners' representation dated 08.08.2011 in accordance with law. For Petitioners : Mr.A.Rahul For Respondents : Mr.C.Selvaraj O R D E R This Writ Petition has been filed by the petitioners for a Writ of Mandamus to direct the second respondent to dispose of the petitioners' representation dated 08.08.2011 in accordance with law. 2. Heard Mr.A.Rahul, learned Counsel for the petitioners and Mr.C.Selvaraj, learned Counsel, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The petitioners have come to this Court under Article 226 of the Constitution of India seeking a direction to the second respondent/Chief Internal Audit Officer, Audit Branch, Tamil Nadu Generation and Distribution Corporation Ltd., shortly as TANGED Co. Ltd., Chennai to dispose of their pending representation dated 08.08.2011 in accordance with law. 5. The learned Counsel appearing for the petitioners submits that they have been working as Auditors in TANGEDCO Ltd., formerly known as TNEB which is under the control of the second respondent herein. The next avenue of the promotion is to the Assistant Audit Officer. As per the Service Rule 94 of TNEB, the qualification for the post of Assistant Audit Officer is 3 years B.Com., degree or the candidates must have passed Government Technical Examination in accountancy higher grade and must have also worked atleast for 2 years as Auditor in Audit Branch. The petitioners are having both these qualifications for their consideration to the promotional post of Assistant Audit Officer. 6. According to the rule, the respondents should prepare the panel on the crucial date of first April of every year and complete the said exercise on 15th April of every year. But the second respondent has not done the said exercise, may be for the purpose of accommodating some other persons. In that view of the matter, the petitioners have given representation on 08.08.2011 to the first respondent. But till date no reply has been received from the respondents. In the meanwhile the first respondent has also in his proceedings dated 03.04.2010 mentioned that any person who had been given promotion on the basis of one year degree course in B.Com., shall be reverted and recovery of incentive should be made, for the reason that Annamalai University has offered one year B.Com., degree and the same was not approved by the U.G.C. in letter No.F.S-1/2009, C.P.P.-II, dated 02.02.2010. The above said instructions has been issued by the first respondent which goes to show that only the people having the above mentioned two qualifications like the petitioners alone should be considered for the promotion. As the matter stands even now the second respondent has not considered the representation of the petitioners. Therefore, the petitioners have come to this Court. 7. The submissions made by the learned Counsel for the petitioners is acceptable. Therefore, the second respondent is directed to consider the representation of the petitioners dated 08.08.2011 within a period of two weeks from the date of receipt of a copy of this order. The learned Counsel appearing for the respondent has also asked for two weeks time to pass orders on the representation made by the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 3 8. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(A.S) /True Copy/ Sub Assistant Registrar To 1. The Chairman/The Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., Shortly as TANGED Co. Ltd., Formerly known as TNEB, No.144, Anna Salai,Chennai-600 002. 2. The Chief Internal Audit Officer, Audit Branch, Tamil Nadu Generation and Distribution Corporation Ltd., Shortly as TANGED Co. Ltd., Chennai-600 002. +1cc to Mr.C.Selvaraj, Advocate, Sr.No.34960 W.P(MD)No.11462 of 2011 10.10.2011 ssl SMA/21.10.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/