V. Karnesh v. Chairman cum Managing Director, TANGEDCO. , Ltd.
2024-07-11
C.KUMARAPPAN, S.M.SUBRAMANIAM
body2024
DigiLaw.ai
JUDGMENT : (S.M. Subramaniam, J.) : (Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 13.03.2018 passed in W.P.No.5592 of 2018 on the file of this Court by allowing this writ appeal.) Equal opportunity in public employment is the Constitutional mandate. Appointment to the public posts are to be made through open competitive process and in accordance with the Recruitment Rules in force. Back door, illegal and irregular appointments are absolutely prohibited by the Constitution Bench of the Hon'ble Supreme Court of India in the case of State of Karnataka Vs. Uma Devi, (2006) 4 SCC 1 . Thus, the employment to public services are to be made by affording equal opportunity of participation to the eligible candidates. 2. Mr.V.Govarthanan, learned counsel for the appellants would submit that many irregularities are occurring in the process of selection in the Tamil Nadu Electricity Board. 3. It is made clear that the selection and appointments are to be made strictly in accordance with Rules. 4. As far as the writ appeals on hand are concerned, the grounds raised are no more res integra. The Three Judges Bench of the Hon'ble Supreme Court of India in the case of R.Muthukumar and Others vs. The Chairman and Managing Director, TANGEDCO and Others, Civil Appeal No.1144 of 2022, etc and batch, delivered the judgment allowing the appeal filed by the Tamil Nadu Electricity Board, the relevant paragraphs are extracted hereunder; para 21 to 25. 5. In view of the judgment of the Apex Court cited supra, the present Writ Appeals fail and consequently, all the writ appeals are dismissed. No costs.