G MURUGESAN Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) W.P.(MD)Nos.14206 to 14210 of 2009 were filed by the petitioners, who were recruited to the post of Assistant Engineer in the selection made for the year 2006. They also joined duty during February, 2006. A person by name Premkumar (Petitioner in W.P.(MD)No.6247 of 2010) made a query with the respondent Electricity Board under the Right to Information Act and came to know that Assistant Engineers were appointed during the years 2002, 2003 and 2005. In the year 2002, there were 464 Assistant Engineers, in 2003, there were 203 Assistant Engineers and in the year 2005, there were 118 Assistant Engineers were appointed. These appointments were made by way of internal transfer. This according to them is to bypass the Government Order banning direct recruitment and also contrary to Regulation 87(10-A) of the Tamil Nadu Electricity Board Regulations.

(2.) IT was also their stand that appointment to the post of Assistant Engineer will have to be made in the ratio of 1:1 as per the Board regulations. Any appointment made contrary to the recruitment rules will be invalid. Therefore, they have sought for setting aside those appointments made by recruitment by transfer from other services by internal selection. The lists of those persons who were appointed in those three years were annexed in the typed set. The petitioners have also sent a representation asking for cancellation of those appointments.

(3.) MR.G.Thalaimutharasu, learned counsel for the petitioners submitted that under TNEB Service Regulations 87(10-A), internal selection for appointment is deemed to be direct recruitment for all purposes including reservation of appointment with reference to regulation 89(b). The said regulation reads as follows: