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2025 DIGILAW 941 (MAD)

T. Kokila v. Tamil Nadu Generation and Distribution Corporation Ltd.

2025-02-13

V.BHAVANI SUBBAROYAN

body2025
ORDER : 1. The petitioner has filed this Writ Petition seeking for an issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings in Memo No.093166/375/G.1/G.1(1)/2019-32 dated 15.02.2020 on the file of the 2 nd respondent and quash the same, in so far as non-inclusion of the petitioner's name for promotion to the post of Asst.Executive Engineer / Electrical is concerned and consequently direct the respondents to draw fresh panel by including the petitioner, for promotion to the said post of Assistant Executive Engineer / Electrical, by fixing the crucial date 05.08.2019 and effect promotion to the petitioner with all monetary benefits, from the date on which her juniors were given promotion as Asst.Executive Engineer / Electrical, within a reasonable period. 2. The brief facts of the case, as averred by the petitioner, are as follows:- (i) The petitioner was appointed as an Assistant Engineer (Electrical) on 04.01.2008 and joined at Mettupatti Sub station. Now, the petitioner is working as Assistant Engineer (Electrical) in Linemedu under the 3 rd respondent in Salem Electricity Distribution Circle. Every year a panel for promotion to the post of Assistant Executive Engineer / Electrical would be drawn from the qualified candidates from the feeder category of Assistant Engineers (Electrical). (ii) Insofar as the promotion to the post of Assistant Executive Engineer / Electrical for the year 2018-2019, a panel has been drawn by the 2 nd respondent fixing the crucial date as 05.08.2018 vide Memo No.093166/375/G.1(1)/2018-2019 dated 30.07.2019 and promotions were also effected from the released panel. The petitioner was undergoing a punishment of postponement of next increment for a period of six months vide order dated 15.11.2017, which was given effect only from 01.04.2018, as such, the punishment was over on 30.09.2018. (iii) While the petitioner was expecting to get inclusion of his name in the subsequent panel for promotion, the 2 nd respondent after the crucial date for next panel, i.e., 05.08.2019, illegally and erroneously issued a proceedings dated 20.09.2019 calling for the suitability report for the drawal of additional panel for promotion to the post of Assistant Executive Engineer/ Electricial in respect of 142 Assistant Engineers fixing the same crucial date 05.08.2018, the date on which earlier panel was prepared, hence this petition. Further, W.P.No.29826 of 2019 is pending. 3. Further, W.P.No.29826 of 2019 is pending. 3. Per contra, the learned counsel for the respondents 1 to 3 would submit that the suitability reports of 671 officials, i.e., 1 Chief Head Draughtsman, 490 Assistant Engineers/Electrical & 180 Junior Engineers/Electrical 1 Grade details were called for on 03.12.2018 for the crucial date of 05.08.2018 for preparing a fresh panel for filling up the available vacancies of Assistant Executive Engineer/Electrical from the post of Assistant Engineers/ Electrical, Junior Engineers/Electrical 1 Grade and Chief Head Draughtsman. The Departmental Promotion Committee after examining the received reports, found that, out of 180 Junior Engineers/Electrical I Grade, only 87 Junior Engineers/ Electrical 1 Grade alone were eligible and selected. Taking 87 Junior Engineers/ Electrical 1 Grade as one part, 264 eligible Assistant Engineer/Electrical alone were considered for maintaining 3:1 ratio. As a result 142 eligible Assistant Engineer/ Electrical were left out before Issuance of panel dated 30.07.2019 and the panel was issued for 352 (1CHD+264AE+87JE-I Gr.) selected officials. 4. Further, the petitioner has committed certain lapses in her official duties against which the Disciplinary Proceedings was initiated under Section 8 (a) of TNEB Employees D&A Regulation. Subsequently the Chief Engineer/Distribution/ Erode Region has issued final orders vide Memo dated 15.11.2017 awarding a punishment of "Withholding of her next annual increment for a period of 6 months without cumulative effect at the rate of 3% of the Basic Pay + Grade Pay in the revised scale". Accordingly, the petitioner's normal increment was withheld from 01.04.2018 to 30.09.2018. Meanwhile, the Crucial Date for the promotion to the post of Assistant Executive Engineer / Electrical falls on 05.08.2018 and since the petitioner was undergoing punishment, she was not considered. 5. With regard to the above punishment and non consideration,the (Permanent) B.P. (FB).No.38, dated 11.10.2010 Clause-II states that, "Whenever an officer/ employee is undergoing any punishment on the crucial date or on the date of consideration, then irrespective of the time of occurrence of the irregularity, his name should be passed over for that panel. If the currency of punishment continues at the time of subsequent consideration for the next panel (s) he should still be passed over on the grounds that an officer/ employees should not be considered for promotion or promoted during the currency of any punishment". If the currency of punishment continues at the time of subsequent consideration for the next panel (s) he should still be passed over on the grounds that an officer/ employees should not be considered for promotion or promoted during the currency of any punishment". Further in the Secretariat Branch's Memorandum dated 23.11.2012, clarification has been issued that "due to non-availability of specific orders regarding the completion of Punishment, different interpretations are given while drawing panels for promotion to various categories by the Departmental Promotion Committee Members or while making appointments to certain categories through Internal Selection. In order to avoid such interpretations, it is clarified that the currency of punishment (including withholding of increment) begins when the punishment order is communicated to the concerned officer/ employee of TANGEDCO and concludes when the actual period of punishment is over. For example: an official was awarded with a punishment of stoppage of increment for one year on 10.04.2012 and the order was communicated to the individual on the same day. If his normal increment is first day of April, the punishment can be implemented only from 01.04.2013. He is eligible to attain his next increment only on 01.04.2014. However, the currency of punishment begins on 10.04.2012 and concludes on 31.03.2014. Further the above said clarification is also applicable to the proviso viz. CURRENCYOF PUNISHMENT ordered in (Per) B.P. (FB) No.38 (SB), dated 11.10.2010." 6. Also, based upon the suitability reports of 594 officials (i.e) 1 Chief Head Draughtsman, 428 Assistant Engineers / Electrical & 165 Junior Engineers/ electricial I Grade has been called for vide 13.05.2020 for preparing a fresh panel for filling up the existing and anticipated vacancies of Assistant Executive Engineer / Electrical from the post of Assistant Engineers / Electrical and junior engineers / electrical I grade and Chief Head Draugtsman by fixing up the crucial date as 05.08.2019. The petitioner's name will be considered for drawing panel for the crucial date 05.08.2019, as per the Rules and Regulations followed in Board. Therefore, the petitioner cannot have grievance as the Additional panel issued dated 15.02.2020 and operated was with reference to the earlier crucial date (i.e.) 05.08.2018, thereby pleaded to dismiss the petition. 7. Heard the learned counsel on either side and perused the documents placed on record. 8. Therefore, the petitioner cannot have grievance as the Additional panel issued dated 15.02.2020 and operated was with reference to the earlier crucial date (i.e.) 05.08.2018, thereby pleaded to dismiss the petition. 7. Heard the learned counsel on either side and perused the documents placed on record. 8. It is to be noted that after adopting the regular / routine procedures, only 352 officials were eligible to be selected at that penal, 2018-2019. After fulfilling the 348 posts of Assistant Exeutive Engineers, approximately, 150 numbers of Assistant Executive Engineer posts remained vacant and only to fullfil the said vacancy suitability reports for 90 Junior Engineers / Electrical I Grade for the already left out 142 Assistant Enginees Electricial, an additional panel with the same crucial date, i.e., 05.08.2018 was called for on 20.09.2019 and the additional panel dated 15.02.2020 was also issued and it was indicated that the said panel was also issued subject to the outcome of W.P.No.29826 of 2019 already filed by the petitioner. 9. Moreover, based on the estimation of the vacancy, the additional panel dated 15.02.2020 was issued with the names of 140 (105A.E+35 JE-I Gr.) selected officials and 15(13+2) not selected / deferred officials. Out of the 8 not selected officials, the name of the petitioner was issued under Sl.No.4. In the additional list, the name of the petitioner has been included in Sl.No.74 of Assistant Engineer /Electricial. The promotion of Assistant Engineers (Electrical) and Junior Engineers (electrical) I Grade to the post of Assistant Executive Engineers shall be in the ratio of 3:1 respectively. 10. At this juncture, it is to be noted that the panel for the year 2019-2020, would not be considered immediately due to the covid pandemic and vide proceedings dated 25.01.2021, the petitioner's name was considered at Sl.No.14. Further, the learned counsel appearing for the respondents would submit that the petitioner's name will be considered for drawing panel for the crucial date, viz.,05.08.2019. 11. Further, the learned counsel appearing for the respondents would submit that the petitioner's name will be considered for drawing panel for the crucial date, viz.,05.08.2019. 11. Considering the above said facts and circumstances of the case and taking note of the fact that when the panel 2018-2019 was drawn fixing the crucial date as 05.08.2018, the petitioner was suffering from punishment and due to corona pandemic situation prevailing in the country, there was a delay in drawing the panel during the year 2019-2020 and taking note of the fact that the additional panel was issued on 15.02.2020 and operated with reference to the earlier crucial date, i.e., 05.08.2018, the petitioner's claim cannot be considered. 12. In the result, this petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs.