IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.03.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.18432 of 2010 & M.P.No.1 of 2010 T. Jayaraman ... Petitioner Versus 1.Tamil Nadu Electricity Board Represented by the Chief Engineer (Personal) Anna Salai, Chennai – 600 002 2. The Superintending Engineer Tamil Nadu Electricity Board Kanchipuram Electricity Distribution Circle Anna Maligai, Olimuhamedpet 3. The Junior Engineer Tamil Nadu Electricity Board 33/1 Kv. Sub Station, Dhamal Kanchipuram District ... Respondents Writ Petition is filed under Article 226 of Constitution of India praying for the issue of Writ of Mandamus, directing the respondents 1 and 2 herein to issue posting orders to the petitioner in the cadre of watchman with time scale of pay as per the order dated 27.09.2008 of the first respondent herein with back-wages and all other attendant benefits. For Petitioner : Mr. V. Babu For Respondents : Mr. B. Sekar ORDER The petitioner has come before this Court by filing the present Writ Petition under Article 226 of the Constitution of India, seeking for issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to issue posting orders to the petitioner in the cadre of watchman with time scale of pay as per the order dated 27.09.2008 of the first respondent herein with back-wages and all other attendant benefits. https://hcservices.ecourts.gov.in/hcservices/ 2. The case of the petitioner is that, the petitioner was called by the second respondent, the Superintending Engineer, Tamil Nadu Electricity Board, Kanchipuram, for an interview dated 15.11.1997 for the post of Watch and Ward on contract basis, the petitioner being a ex-serviceman. On the basis of his registration in the Employment Exchange, he appeared for the said interview by an order dated 24.01.1998 issued by the second respondent. The petitioner was appointed as Ward and Watch for a period of three years on contract basis with a consolidated pay of Rs.2,000/- per month. After discharge of his duties as Watchman till the year 2001 without any break, he seriously fell ill due to Jaundice and therefore, he was not in a position to continue his job. After recovering from the illness, he appeared before the third respondent with a request to join duty along with the medical certificates, but, the third respondent refused to permit the petitioner to join duty on the ground that the petitioner remained unauthorisedly absent for a long time. Thereafter, the petitioner made a number of representations to the respondents. But, in the mean while, the first respondent passed an order dated 27.09.2008 absorbing 151 ex-serviceman personal who were engaged as ward and watch in the time scale of pay with prospective effect. Since the petitioner's name also found place in the annexure as Serial No.44, the petitioner went to the respondent department, but, he has not permitted to join duty. Therefore, he has come to this Court by way of filing the present Writ Petition. 3. Learned counsel appearing for the petitioner submitted that it would be suffice if a direction is issued to the respondent Department to consider the petitioner's case for fresh appointment, if there is any vacancy in the office of the respondent / Department, instead of the prayer as prayed for by the petitioner in the writ petition. 4. Opposing the said limited prayer made by the learned counsel for the petitioner, it was contended by the learned counsel for the Tamil Nadu Electricity Board / respondent that the petitioner unauthorisedly remaining absent for about 9 years and that itself will disqualify his further appointment in the office of the respondent, hence the petitioner is not entitled to get the benefit of re-appointment or regularisation, much less, the re-payment on the basis of regularisation to 151 ex-servicemen personnel, since all these 151 ex-servicemen personnel were engaged continuously as on date as Watchmen in the time scale of pay with prospective effect. 5. When the matter was taken up today, it was brought to the notice of this Court by the learned counsel for the respondent that before the Division Bench, on a similar issue, a Writ Appeal was field by the Board and the learned Division Bench accepted the stand of the Board and disposed of the Writ appeal. As a result it was proposed to consider only the 151 ex-servicemen personnel to be continued for absorption in the Board's Service as Watchman in the https://hcservices.ecourts.gov.in/hcservices/ time scale of pay of Rs.3,050-75-3950-80-5070. On that basis he further contended that even a limited prayer cannot be given to the petitioner. Originally, the petitioner was given appointment in the Kanchipuram Electricity Distribution Circle under the prescribed conditions as stipulated in the order dated 28.07.1997 passed by the first respondent. Though the petitioner joined duty in the second respondent's circle on 07.02.1998, after 03.12.2001, he failed to turn up for duty. When he remained unauthorizedly absent for 9 long years, he cannot claim, at this point of time, by invoking Article 226 of the Constitution of India, one more appointment, since the petitioner himself has admitted that he was disengaged from 2001 onwards stating that he was seriously ill due to jaundice, but there is no evidence produced to that effect before the respondents that he suffered any disease for a long period of 9 years. No medical report whatsoever has been produced to support his illness for 9 years and no representation whatsoever has been produced to any of the controlling Officers. Therefore, even sympathetically, the case of the petitioner cannot be considered. Accordingly, the Writ Petition fails and the same is dismissed. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar smn To 1.The Chief Engineer (Personal) Tamil Nadu Electricity Board Anna Salai, Chennai – 600 002 2. The Superintending Engineer Tamil Nadu Electricity Board Kanchipuram Electricity Distribution Circle Anna Maligai, Olimuhamedpet 3. The Junior Engineer Tamil Nadu Electricity Board 33/1 Kv. Sub Station, Dhamal Kanchipuram District. 1 cc To Mr. V. Babu, Advocate, SR.20537 W.P.No.18432 of 2010 bk(co)pmk.5.5.2011 https://hcservices.ecourts.gov.in/hcservices/