Madras High Court

WP/37337/2007 of N. KESAVAN Vs TAMILNADU ELECTRICITY BOARD on 26 October 2026

Cites 0, Cited by 0

WP Nos.37337 of 2007, 683 & 684 of 2009

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-10-2026

CORAM

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WP Nos.37337 of 2007, 683 & 684 of 2009

and MP Nos.1 of 2007, 1 & 1 of 2009

WP No.37337/2007

CNR:{HCMA010148452007}

1. N. Kesavan

2. P. Muralidharan

3. A.Ziaullah

4. K.Rasappa

5. R.Jayaraman

6. P.Easwaramoorthy

7. T.Vasudevan

8. R.Balakrishnan

9. B.Allaudheen

10.C.Ponnuswamy

11.K.Thangarajan

12.S.I.Ahamed

13.N.Gunasekaran

WP Nos.37337 of 2007, 683 & 684 of 2009

14.A.Gopal

15.T.Mariappan

16.S.Kejapal

17.S.Rathinavel

18.A.Nedunchezhian

19.N.Krishnamoorthy

20.A.Ilango

..Petitioner(s)

Vs

1. Tamil Nadu Electricity Board,

Rep. by its Chairman,

800, Anna Salai, Chennai – 600 002.

2. The Superintending Engineer,

Tamil Nadu Electricity Board - Workshop Circle, Mettur Dam-1, Salem District.

3. K.Palanivel,

Junior Engineer - Operation & Efficiency, SE/Mechanical II, Mettur Thermal Power Station, Mettur Dam-1, Salem District.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the 1st and 2nd respondents to promote the petitioners to JE Grade-I, placing them above the 3rd respondent with all monetary and consequential benefits based on the Award of the Labour Court, Salem, in ID.No.104/95 dt: 28.2.97 as

WP Nos.37337 of 2007, 683 & 684 of 2009

confirmed by the judgment of this Court dt: 6.7.06 in WP.No.2130/1998, award costs.

For Petitioner(s):

Mr.V.Govardhanan

for M/s.Row and Reddy

For Respondent(s):

Mr.K.Rajkumar,

Standing Counsel (TANGEDCO)

WP No. 683 of 2009

CNR: {HCMA010187582009}

T.Selvaraj

..Petitioner(s)

Vs

1. Tamil Nadu Electricity Board,

Rep. by its Chairman Engineer/Personnel, Old No.800, New No.144, Anna Salai, Chennai – 2.

2. The Superintending Engineer,

Mettur Workshop Circle,

Tamil Nadu Electricity Board,

Mettur Dam – 1.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 2nd respondent in Memo No.1035/Ni.Pi./U3/Ko.Thani/08-2, dt 20.12.08, quash the same and forbear

WP Nos.37337 of 2007, 683 & 684 of 2009

the respondents from withdrawing the benefits given as per Award dated 28.02.97 in I.D.No.104/95 of the Labour Court, Salem as confirmed by this Court in the order dated 06.07.06 in W.P.No.2130/98 by treating the petitioner on par with Mr.Palanivel.

For Petitioner(s):

Mr.A.Manish Kumar

For Respondent(s): Mr.K.Rajkumar,

Standing Counsel (TANGEDCO)

WP No. 684/2009

CNR: {HCMA010187642009}

S.Selvakumar

..Petitioner(s)

Vs

1. Tamil Nadu Electricity Board,

Rep. by its Chairman Engineer/Personnel, Old No.800, New No.144, Anna Salai, Chennai – 2.

2. The Superintending Engineer,

Mettur Workshop Circle,

Tamil Nadu Electricity Board,

Mettur Dam – 1.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the

WP Nos.37337 of 2007, 683 & 684 of 2009

records pertaining to the order passed by the 2nd respondent in Memo No.1035/Ni.Pi./U3/Ko.Thani/08-2, dt 20.12.08, quash the same and direct the respondents not to cancel the order in Office Memo No.370/Adm/A3/F/Promotion/06, dt 12.1.07, by giving the petitioner’s promotion and seniority on par with Mr.K.Palanivel with all consequential benefits.

For Petitioner(s):

Mr.A.Manish Kumar

For Respondent(s): Mr.K.Rajkumar,

Standing Counsel (TANGEDCO)

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COMMON ORDER

It is the case of the writ petitioners that they are on par with Mr.P.Kannan, who was promoted by way of I.D.No.104 of 1995 dated 28.02.1997, which was subsequently confirmed by this Court in W.P.No.2130 of 1998 dated 06.07.2006. The petitioners relied upon paragraphs 4 and 5 of the said order, which read as under: …. “4. The Labour Court gave a finding that without getting option from the said P.Kannan, the other Juniors were given promotion and if option was obtained from P.Kannan, he would have opted to go for other stream and

WP Nos.37337 of 2007, 683 & 684 of 2009

could have got promotion earlier to the said four persons. Both the posts are interchangeable and the same is also accepted by the Board by preparing common seniority list in the year 1995. Therefore, the action of the petitioner management without obtaining option from P.Kannan, was found erroneous by the Labour Court. On any account admittedly the said Kannan being the senior, is entitled to get pay protection as senior. Hence Kannan is entitled to get his pay fixed under Fundamental Rule 22 (b).

5. As the petitioner Board itself issued a common seniority list bringing all the persons in the same seniority list, taking note of their entry into the service, P. Kannan is entitled to get his due seniority. The Labour Court on a finding of fact, came to the conclusion that the said P.Kannan, who is senior, having been denied promotion, directed the management to give promotion on the date when the other four junior persons were given promotion and to place P.Kannan above in the seniority list. The said factual finding cannot be treated as perverse finding….”

2. The respondents contended that this Court ought not to entertain writ petitions under Article 226 of the Constitution of India, arguing that if the petitioners have any grievances, they must approach the Labour Court

WP Nos.37337 of 2007, 683 & 684 of 2009

just as the other individuals did. On these grounds, they prayed for the dismissal of the writ petitions.

3. Heard the counsel for the petitioners and the Standing Counsel for the respondents.

4. This Court, in its order dated 06.07.2006 in W.P.No.2130 of 1998, clearly stated that Mr.P.Kannan is entitled to promotion, and the re-fixation of his seniority has also been carried out. This Court also directed the management to re-fix his pay as per Fundamental Rule 22(b).

5. The case of the writ petitioners is that they are on par with Mr.P.Kannan. However, the issue regarding seniority can only be considered by the Labour Court if the parties approach it by way of separate Industrial Dispute applications.

6. In view of the same, the writ petitioners are at liberty to approach the Labour Court for appropriate relief, citing the case of Mr.P.Kannan. If such an application is filed, the Labour Court is directed to consider the case

WP Nos.37337 of 2007, 683 & 684 of 2009

on its merits without insisting on the limitation period, and to pass appropriate orders. The Labour Court is also directed to take note of the order in W.P.No.2130 of 1998 regarding its applicability, and to dispose of the matter within a period of four (4) months from the date of filing of the application.

7. With these observations, the writ petitions stand disposed of. No costs. Connected miscellaneous petitions, if any, are closed. 26-10-2026 (3/3) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Sni

WP Nos.37337 of 2007, 683 & 684 of 2009

To

1. The Chairman Engineer/Personnel, Tamil Nadu Electricity Board, Old No.800, New No.144, Anna Salai, Chennai – 2.

2. The Superintending Engineer, Mettur Workshop Circle, Tamil Nadu Electricity Board, Mettur Dam – 1, Salem District.

WP Nos.37337 of 2007, 683 & 684 of 2009

KRISHNASWAMY GOVINDARAJAN J. Sni WP Nos.37337 of 2007, 683 & 684 of 2009 26-10-2026

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