O R D E R

The writ petition in W.P. (MD) No. 3576 of 2016 is filed to quash the impugned order dated 29.01.2016 and the writ petition in W.P. (MD) No. 20864 of 2017 is filed to quash the impugned order dated 12.07.2017 in so far as imposing the blanket eligibility condition that “the employees, who are involved in disciplinary proceedings undergoing punishment on the date of notification are not eligible” for promotion and issue a consequential direction to the respondents to include the name of the petitioner in the list of approved candidates drawn for promotion to the post of Assistant Engineer (Electrical) and to post of Junior Engineer (Electrical) Grade I and the promote the petitioner.

2. The brief facts of the case are that the petitioner qualified with Diploma in Electrical Engineering and he was appointed as Helper in the Tamil Nadu Electricity Board (TNEB) on 10.03.1998, subsequently was promoted and presently working as Junior Engineer Grade II since 2010. The petitioner is eligible to the promotion of Assistant Engineer (Electrical) and also to the post of Junior Engineer (Electrical) Grade I under Regulation 8 of the Tamil Nadu Electricity Board Service Regulations. The Junior Engineer (Electrical) Grade II comes under Class III Division I Category 3 and Junior Engineer (Electrical) Grade I comes under Class II Division 2 (Electrical) Category 4, Assistant Engineer (Electrical) comes under Class II Division II (Electrical) Category 3. The mode of recruitment is prescribed under Regulation 89 (d) (i) and Selection for appointment by promotion is provided under Regulation 89 (d) (iii) and the qualification for promotion is prescribed in Annexure 3 framed under Regulation 94. In service regulation it is mandatory for the authorities to publish a list of approved candidates to be selected for the respective posts and also to communicate to the eligible candidates with an appeal and revision provision provided under Regulation 1998.

3. A preliminary show cause notice dated 11.06.2014 was issued alleging that the petitioner has made false complaint against superior. Later a charge memo dated 08.11.2014 was delivered on 26.12.2014 by the Superintendent Engineer, Kanyakumari District for the alleged misconduct of levelling false accusations against the Superior. The petitioner challenged the said notice in W.P. (MD) No. 10341 of 2015. Subsequently, a second cause notice along with an enquiry report was furnished on 28.11.2015 and delivered on 16.12.2015. The petitioner has challenged the second show cause notice in W.P.(MD)No.23395 of 2015 and it was dismissed on 22.12.2015 giving liberty/permission to the petitioner to file his explanation. Later on a final show cause notice dated 29.01.2016 was delivered to the petitioner on 14.02.2016 proposing to impose a penalty of Stoppage of increment with cumulative effect and the same was challenged in W.P. (MD) No. 3576 of 2016 and this Court has granted an interim order.

4. The contention of the petitioner is that earlier he suffered a punishment of postponement of increment without cumulative effect for a period of one year by an order dated 17.02.2014 and the appeal against the said order was dismissed on 01.08.2014 and the same was challenged in W.P.(MD)No.10212 of 2015 and the same is pending. In the meanwhile, the Chief Engineer/Personnel issued a letter dated 26.05.2015 directing all the Superintending Engineers to forward applications of qualified employees for filling up the vacant post of Assistant Engineer/Electrical by Internal Selection. Based on the circular the Superintendent Engineer has forwarded the list of candidates. But the petitioner's name was overlooked citing the currency of punishment and pending disciplinary proceedings against the petitioner dated 17.02.2014 and 08.11.2014 respectively. Though it is mandatory under the Service Regulations to publish a list of approved candidates to all the persons including those who have been overlooked, such practic