W.A.No. 2537 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

19.01.2023

Delivered on

31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

Writ Appeal No.2357 of 2019

and CMP Nos.15581 and 22568 of 2019

1. Tamil Nadu Generation and

Distribution Corporation Limited,

Rep. By its Chairman-cum-Managing Director,

NPKRR Maaligai, 144 Anna Salai,

Chennai 600 002.

2. The Chief Engineer/ Personnel

Tamil Nadu Generation and

Distribution Corporation Limited,

NPKRR Maaligai, 144 Anna Salai,

Chennai 600 002.

3. The Superintending Engineer

Chennai Electricity Distribution Circle/West

Tamil Nadu Generation and

Distribution Corporation Limited,

Thirumangalam, Chennai 600 040.

. Appellants/ Respondents 1 to 3

Vs.

1. P. GIRISH

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W.A.No. 2537 of 2019

2 S. ELAMBARUTHI

3 P.KRISHNAMURTHY

4 C.MAHALINGAM

5 M. AMBROSE

6 N.SUBRAMANI

7 M.SANKAR

8 STEPHEN GNANADAS

9 JAIKISHAN

10 J. ANTONY DOSS

... Respondents 1 to 10/Petitioners

11 P.S.PARTHASARATHI

12 R. RAVISHANKAR

13 N. ALAGARSAMY

14 R.JAYASANKAR

15 L.RAVIKUMAR

16 M.SRINIVASAN

17 A. SELVARAJ

18 K. RAVICHANDRAN

19 P.SEETHAPATHY

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W.A.No. 2537 of 2019

20 M.KARUNAMOORTHY

21 J. BASKARAN

22 M. VEDACHALAM

23 S. SELVARAJ

24 S. DEVADASAN

25 S.GOWRIPATHY

26 P. DESALU

27 N.ACHUTHAN

28 S. SUBRAMANI

29 P. SANKAR

30 K.VAIDHIYANATHAN

31 S. MANOHARAN

32 M. PONNUSAMY

33 M.KALAIVANAN

.. Respondents 11 to 33/

Respondents 4 to 26

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order

passed by this Court dated 22.03.2018 passed in W.P. No.16603 of 2011.

For Appellants : Mr.Anand Gopalan

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W.A.No. 2537 of 2019

for M/s.T.S.Gopalan and Co.

For Respondents : Mr. N.G.R.Prasad

Assisted by Mr.K.Srinivasamurthy

for M/s.Row & Reddy,

for RR 1 to 10

No appearance – served

for RR14, 16, 20 to 22, 28, 30, 31 & 32

Refused – for RR11, 13 & 25

Unclaimed – for R15

No such person – RR 12, 17 to 19

No such address – RR 24 & 26

Left – RR 23, 27, 29 & 33

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

Challenge in this Intra Court Appeal is to the order of the Writ

Court dated 22.03.2018 made in WP No.16603 of 2011 granting the prayer

for Certiorarified Mandamus, to call for the records from the third respondent

relating to the seniority list dated 06.02.2010 in Memo No.82/ADM.III/AI/F

quash the same and to refix the seniority of the petitioners and respondents 4

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W.A.No. 2537 of 2019

to 26 by operating the Single Channel Promotion System as provided for in

BP No.106 dated 09.04.1996. A prayer for grant of consequential benefits

and promotions was also sought for.

2. At the outset we wish to point out that the material available on

record in this proceeding and the earlier connected proceedings demonstrates

the casual and cavalier manner in which the proceedings have been conducted

by the counsel for the parties. Originally the then Tamil Nadu Electricity

Board was following a Dual Channel Promotion System by which persons

who are appointed to the posts of Helpers were given an option to choose

either the Technical Line or the Commercial Line for promotion. A Helper,

who chooses the Technical Line, will be promoted as Wireman (Lineman) –

Line Inspector – Foreman Grade I – Special Grade Foreman and upwards. A

Helper, who chooses the Commercial Line will be promoted as a Commercial

Assistant – Commercial Inspector – Foreman Grade I – Special Grade

Foreman, etc.

3. This practice was pursuant to the settlement entered into between

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W.A.No. 2537 of 2019

the Board and its e