M. D. Chandrasekar v. Tamil Nadu Generation and Distribution Corporation Limited
2024-06-13
C.KUMARAPPAN, S.M.SUBRAMANIAM
body2024
DigiLaw.ai
JUDGMENT : [Judgment was delivered by S.M.SUBRAMANIAM, J.] Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents (1) to (3) to permit the members of the petitioner Association and other similarly placed graduate engineers with B.E., degree in Electrical/Mechanical Engineering or equivalent qualification to apply online for the posts of Technical Assistants/Electrical & Technical Assistants/Mechanical notified under Notification No.1/2016 dated 28.02.2016, to take part in the proposed competitive written examination scheduled on 03.04.2016, compete with other eligible candidates and secure selection on the basis of merit. Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 26.10.2018 passed in W.P.No.28092 of 2018 and allow the writ appeal. Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration, declaring Note 2 to Regulation 94(a) of the Tamil Nadu Electricity Board Service Regulations to be ultravires as offending Articles 14, 16 and 21 of the Constitution of India and consequently declare Clause 4(D) of the Employment Notification of 28.02.2016 as void insofar as it allows Graduate Engineers to also compete in the selection for the 525 posts of Technical Assistants notified under the said Employment Notification and issue such further or other appropriate orders, directions. The writ petitions were instituted before the Writ Court for direction to the TANGEDCO to complete the process of selection for 500 Technical Assistant/Electrical and Technical Assistant/Mechanical as per the procedures set out in the Notification No.1 of 2016 dated 28.02.2016 by fixing an early date for interview and permitting the selected candidates in the ratio of 1:5, to attend the interview based on the ranking and as per the Rule of Reservation. 2. The issue raised based on the recruitment notification dated 28.02.2016. Near about 8 years lapsed. The very relief sought for in the writ petition itself lost its relevance. The Writ Court dismissed the writ petition mainly on the ground of entertainability. 3. The relief based on such recruitment notification as rightly held by the Writ Court cannot be entertained unless the terms stipulated in the notification is violative of the Service Rules applicable to the post. Since the appellant has not established any such grounds, the Writ Court dismissed the writ petition.
3. The relief based on such recruitment notification as rightly held by the Writ Court cannot be entertained unless the terms stipulated in the notification is violative of the Service Rules applicable to the post. Since the appellant has not established any such grounds, the Writ Court dismissed the writ petition. On account of efflux of time even the said issue lost its relevance, since the selection process was completed. 4. Thus, the Writ Petitions are dismissed and consequently, the Writ Appeal stands dismissed. No costs. Connected Miscellaneous Petitions are closed.