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2025 Supreme(Online)(Mad) 76021

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
S.Maheswaran – Appellant
Versus
The Chief Engineer / Personnel – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

W.P.No. 1002 of 2022

&

W.M.P.Nos. 1069 & 1070 of 2022

1.S.Maheswaran

2.R.Ramesh

3.V.Jaisanker 4.R.Murugan

5.S.B.Yasin ...Petitioners

Vs.

1.The Chief Engineer / Personnel

Tamil Nadu Electricity Board / TANGEDCO,

8th Floor, NPKRR Maaligai,

No.144, Anna Salai,

Chennai-600 002..

2.The Chairman, Tamil Nadu Electricity Board / TANGEDCO, 8th Floor, NPKRR Maaligai, TNEB Complex, 144, Anna Salai, Chennai-600 002. ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondents to promote the petitioners to the post of Technical Assistant for internal selection under available vacancies of the respondents board on par with their Juniors w.e.f 25.02.2014 with all service and monetary benefits within the time limit fixed by this Court.

For Petitioners : Mr. R.Muralikrishna For Respondents : Mr. R.Nikkhilesh Athav For Mr. K.Rajkumar

O R D E R

This writ petition has been filed for the following relief:

“directing the respondents to promote the petitioners to the post of Technical Assistant for internal selection under available vacancies of the respondents board on par with their Juniors w.e.f 25.02.2014 with all service and monetary benefits within the time limit fixed by this Court”.

2. The petitioners’ case as set out in the affidavit filed in support of this writ petition is herein below culled out. The petitioners are employed under the respondent board holding various posts such as Commercial Inspector, Commercial Assistant, Foreman Grade I and Line Inspector. They are all working in regular establishment and drawing regular scale of pay. The petitioners are qualified with diploma in Electrical Engineering (lateral entry) after they completed ITI course.

3. The petitioners had originally joined the respondent office as a Helper in the year 2009. The 3rd petitioner alone had joined service in the year 1998 and they have been discharging their duties blemishlessly to the satisfaction of their superiors.

4. It is the further case of the petitioners that while they were in service, they were permitted to pursue diploma course by the respondent office. The petitioners have completed diploma course on this written permission at Janardan Rai Nagar Rajasthan Vidhyapeeth University (Deemed University), declared under Section 3 of the University Grants Commission Act, by notification issued by the Government of India.

5. The 4th petitioner completed his diploma at the Advanced Studies in Education Deemed University. All the petitioners have successfully completed their diploma and the next avenue of promotion was to the post of a Technical Assistant for petitioners 1, 2, 4 and 5 and as a Junior Engineer Grade II in respect of the 3rd petitioner. It is the grievance of the petitioners that though they are qualified for the post of Technical Assistant, they had not been considered on account of fact that they had obtained diploma from Janardan Rai Nagar Rajasthan Vidhyapeeth University and Institute of Advanced Studies in Education Deemed University, whereas, the juniors of the petitioners having same educational qualifications which they have obtained from the Tamil Nadu Directorate of Technical Education have been promoted.

6. The petitioners would submit that their promotion has not been considered since the year 2013. The petitioners would further state that there are vacancies for the post of Technical Assistant, to which post the petitioners are eligible with effect from 25.02.2014, on par with their juniors who have been promoted overlooking the promotion of the petitioners. Since there was likelihood of respondents filling up vacancies by internal selection, the petitioners had made representation to the respondents in person and the same is pending.

7. The petitioners would submit that they learned that they will not be considered by the respondents on a wrong presumption that

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