T P KRISHNAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER has filed the W.P.No.14204 of 1991 seeking to issue a writ of certiorarified mandamus calling for the records relating to the order of the disciplinary Authority in his Reference No.009496/456/DF I/86-15 dated 12.1.1987 as confirmed by the order of the Appellate Authority in Reference No. Permanent B.P. (Ch) No.91, Administrative Branch dated 9.2.1989 and quash the same and consequently direct the respondent to reimburse the amount of Rs.27,000 already recovered with interest and costs.

(2.) THE petitioner also filed W.P.No.10117 of 1992 seeking to issue a writ of certiorarified mandamus to call for the records relating to Memo No.086512/723/Admn.Br/C6-2/90-21 dated 28.12.1990 as confirmed in the order dated 25.3.1991 in Reference No.036629/328/Adm.Br/06(2)/91-1 dated 25.3.1991 and quash the same and consequently direct the first respondent to include his name in the panel of names for promotion for the year 1990 above respondents 2 and 3.

(3.) IN the counter filed on behalf of the respondents 1 to 3. it would be contended that the promotion to the post of stores Supervisor is not effected only based on seniority; that as per Regulation 98(i)(b)(i) of the Tamil Nadu Electricity Board Employees? Service Regulations, promotion shall be made on merit and ability, seniority being considered where merit and ability are approximately equal; that the petitioner's name was not selected for the post of Stores-Supervisor in the panel approved on 25.12.1990 since he was awarded with 3 punishments for serious lapses on his part, resulting in theft of materials worth about Rs.87,846.20 which are to be recovered from him in monthly instalments and the recovery will last upto April, 1998.