O R D E R

The writ petition has been filed to direct the respondents to give notional promotion to the petitioner to the post of Junior Engineer/ Electrical Grade-I with effect from the date when it was due and consequently, to pay all monetary benefits.

2.The petitioner states that he was directly recruited as Assistant Draughtsman and appointed on 05.09.1995. He was promoted to the post of Draughtsman on 16.12.1999. Thereafter, the petitioner was promoted to the post of Junior Engineer/Electrical Grade-II and the next avenue for promotion was to the post of Junior Engineer Grade-I. The grievance of the writ petitioner was that his name was considered for inclusion in the panel, but the panel was not acted upon. Thus, the petitioner was deprived of his opportunity for promotion to the post of Junior Engineer Grade-I. In view of the fact that the petitioner's name was included in the panel for promotion to the post of Junior Engineer Grade-I, he was constrained to move the present writ petition seeking notional promotion, since his juniors were promoted subsequently.

3.The learned counsel appearing on behalf of the respondent TANGEDCO made a submission that the petitioner was found eligible for promotion and his name was considered for inclusion in the panel and accordingly, his name was included. However, some other employees filed a writ petition and obtained an interim order and therefore, the respondents were not able to act upon the panel prepared for grant of promotion. Since the panel was not acted upon, the case of the writ petitioner was not considered for promotion. However, after the disposal of the writ petition, the names of eligible persons were considered for promotion, but the petitioner attained the age of superannuation on 29.02.2016 and allowed to retire from service. The factual position in this regard are stated in Para Nos.6, 8 and 9 of the counter affidavit, which read as under :

“6.I submit that the suitability reports of 392 Junior Engineers/ Electrical II Grade were called for vide Chief Engineer/Personnel letter dated 03.12.2013 fixing the Crucial date of 25.03.2013 for preparing the panel for promotion to the post of Junior Engineer I Grade. After receipt of the above particulars, the panel could not be finalized due to "Status quo" pending in the Writ petition No.1871 of 2014 filed by some of Junior Engineers/Electrical II Grade, who were selected from the RWE category of LI/CI (Diploma holders). The above case was disposed on 10.07.2015. Hence, 205 Junior Engineers/Electrical II Grade, were selected for promotion to the post of Junior Engineer/ Electrical I Grade, approved vide CE/Per's Memo. No.60296/290/ G1/G11/2015-

65, dated 11.11.2015.

...

8.I respectfully submit that one Thiru.Mohammed Raffi & Others filed a W.P.No.20714 of 2015 in the Madurai Bench of Madras High Court against the two selection lists of Junior Engineers/Electrical I Grade issued vide CE/Per's Memo No.60296/290/G1/ G11/2015-65, dated 11.11.2015 and Memo.No.88345/ 330/G1/G12/2015-3, dated.11.11.2015. Another W.P. No.36838 of 2015 was also filed in the Hon'ble High Court of Madras by Thiru. Iruthayaraj & others against the selection list issued vide Memo. No.88345/330/G1/G12/2015-3, dated. 11.11.2015. The Madurai Bench of Madras High Court in its order dated 20.11.2015 granted interim stay. Later, the Madurai Bench of Madras High Court in its order dated 27.4.2016 in MP.No.4 of 2015 in W.P.No.20714/2015 vacated the interim stay granted on 20.11.2015 subject to the condition that in the event of success of writ petitioners, they may be appropriately considered for their promotion by keeping 7 posts vacant. Whereas, the Madras High Court vacated the interim stay granted in W.P. No.36838/ 2015 filed by Thiru. Irudhayaraj & others on 30.06.2016. The above two cases are still pending in the Court.

9.I submit that after stay vacation in W.P.

No.36838/2015 filed by Thiru.Irudhayaraj & others, allotment orders was issued to the selected Jun