Judgment 1. The petitioner was appointed as Technical Assistant by proceedings dated 07.05.2013. The petitioner joined service as Technical Assistant. He was put under probation. While so, the second respondent issued a notification dated 12.8.2013 calling for applications for appointment by way of direct recruitment for the post of Assistant Engineer (Mechanical) by Internal Selection. The petitioner submitted his application for Direct Recruitment, but, however, he was not considered for appointment resulting in filing this writ petition. 2. The second respondent filed a counter affidavit in answer to the contentions raised in the affidavit filed in support of the writ petition. According to the second respondent, the petitioner was undergoing his period of probation and as such, he was not eligible for applying to the post of Assistant Engineer by internal selection. 3. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents. 4. There is no dispute that the petitioner joined the service as Technical Assistant on 09.5.2013. It is also a matter of record that the petitioner was placed under probation for a period of six months. It was only during the currency of his employment as Technical Assistant, the second respondent issued a notification for appointment to the post of Assistant Engineer by way of direct recruitment. Since, the petitioner satisfied the eligibility criteria, he made an application. The respondents have taken up a contention that being a probationer, the petitioner was not eligible for making application for Direct Recruitment. 5. The respondents have placed reliance on Regulation No. 95 of the Tamil Nadu Electricity Board Service Regulations to contend that the petitioner was not a regular servant of Tamil Nadu Generation and Distribution Corporation Ltd., for the purpose of making application for direct recruitment. 6. The Regulations framed by the Tamil Nadu Electricity Board and more particularly, Regulation No. 95 deals with probation. Sub clause (b) of Regulation No. 95 deals with the Right of Probationers and approved probationers for reappointment. 6. The Regulations framed by the Tamil Nadu Electricity Board and more particularly, Regulation No. 95 deals with probation. Sub clause (b) of Regulation No. 95 deals with the Right of Probationers and approved probationers for reappointment. The said provision reads thus:- “(b) RIGHT OF PROBATIONERS AND APPROVED PROBATIONERS TO REAPPOINTMENT:- A vacancy in any class of service, category or grade not being a vacancy which should be filled by direct recruitment shall not be filled by the appointment of a person who has not yet commenced his probation in such class or service, category or grade when an approved probationer or a probationer therein is available for such appointment.” 7. The above provision clearly shows that for making application for appointment to any post by way of direct recruitment, the service candidate need not be a declared probationer. Such being the statutory provision, the respondents were not correct in placing reliance on Regulation No. 95 to deny the right of the petitioner. Therefore, I am of the view that the petitioner is entitled to succeed. 8. In the result, a writ of mandamus is issued directing the second respondent to consider the case of the petitioner for appointment to the post of Assistant Engineer, pursuant to the notification dated 12.8.2013, taking into account Sub Clause (b) of Regulation No. 95 of the Tamil Nadu Electricity Board Service Regulations. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order. 9. The writ petition is allowed to the extent indicated above. No costs. Consequently, connected miscellaneous petition is closed.