U. Eswaran v. Chairman, Tamil Nadu Electricity Board, Chennai
2015-03-30
V.M.VELUMANI
body2015
DigiLaw.ai
Judgment :- The petitioner has filed the present Writ Petition praying to direct the first respondent to consider the petitioner's service dated 01.09.1991 in maintaining the list proposed for appointment of Casual Labour as TCL Assessor in the T.N.E.B and further more direct the first respondent to maintain the petitioner's name in above the petitioner's juniors in accordance with seniority possessed by the petitioner. 2. The petitioner was engaged as Labour in the year 1991 with the respondents approved Contractors for the job of erection of poles and L.T. lines. He was working as a casual labour with the respondent unit (Rural) office of the respondents at Kadayanallur Division. He was initially paid Rs.40/- as wage per day, which was revised to Rs.70/- per day. He was constantly engaged for 20 to 25 days per month. He was identified as eligible to receive the bonus. The petitioner received bonus for the year 2005, 2006 and 2007. 3. The third respondent informed the petitioner that there will be an identification of contract labour on 29.10.2007. The petitioner appeared for identification and complied with required formalities to enable them to enter his name in the list prepared for the appointment of labours in the T.N.E.B. The petitioner also filled up prescribed application and furnished personal details and specifically stated that his date of engagement is 01.09.1991. While so, the respondent erroneously entered his date of engagement as 01.09.1996 instead of 01.09.1991. Due to this wrong entry, his juniors, who were engaged in the contract labour during the year 1994, were shown as seniors to the petitioner. 4. The petitioner sent a representation to the second respondent on 07.07.2008 by registered post requesting him to set-right the error found in the seniority list. According to the petitioner, he must be fixed in seniority list between 230-231 i.e., between the David Raja.E and Jeyabalan.R. The petitioner did not receive any communication. The petitioner has passed Higher Secondary and qualified in typewriting Higher both in Tamil and English. Hence, he is eligible to be appointed as TCL Assessor. Therefore, the petitioner approached this Court by way of writ petition. 5. Though the writ petition is of the year 2009, the respondents have not filed any counter even after taking several adjournments.
The petitioner has passed Higher Secondary and qualified in typewriting Higher both in Tamil and English. Hence, he is eligible to be appointed as TCL Assessor. Therefore, the petitioner approached this Court by way of writ petition. 5. Though the writ petition is of the year 2009, the respondents have not filed any counter even after taking several adjournments. When the matter is taken up for hearing, the learned counsel for the respondents represented that the petitioner was engaged as labour only from 01.09.1996 and the certificate produced by the petitioner was not issued by the authorized persons and those persons are retired and documents produced by the petitioner are not accepted by the respondents board. 6. Heard Mr.A.Nister Hakeem, learned counsel appearing for the petitioner and Mr.G.Kasinathathurai, learned Standing counsel for TNEB. 7. The petitioner has specifically stated that he was engaged as labour from 01.09.1991 through approved Contractors with the respondents. He was continuously working from that day. He was paid the bonus from the year 2005,2006 & 2007. He was appeared for identification of labour on 29.10.2007. He filled up prescribed application that he was engaged from 01.09.1991. The respondents have erroneously entered his date of entry on 01.09.1996 and shown his juniors as seniors to him. These averments of the petitioner is not denied by the respondents by filing counter. Further, the respondents have not passed any orders on the representation of the petitioner dated 07.07.2008. At the time of admission, this Court by an order dated 08.07.2009 directed the respondents to keep one post of temporary casual labourer vacant till the disposal of the writ petition. 8. In view of the fact that the petitioner was engaged from 01.09.1991, the petitioner is entitled to the relief sought for in the writ petition. 9. In the result, the writ petition is allowed and the first respondent is directed to enter the date of entry of the petitioner as 01.09.1991 in maintaining the list proposed for appointment of Casual Labour as TCL Assessor in the T.N.E.B and further direct the first respondent to appoint the petitioner as TCL Assessor in the TNEB with effect from the date of his junior as TCL in TNEB within six weeks from the date of receipt of a copy of this order. No costs. Consequently, M.P(MD)No.1 of 2009 is closed.