T N RAJAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE Tamil Nadu Electricity Board constituted under the Indian Electricity Act, made service regulations namely, Tamil Nadu Electricity Board Service Regulations [hereinafter referred to as

(2.) DURING the year 2000, the Board decided to fill up all the vacancies of Assistant Engineers (Electrical). By means of letter in D.O.Letter No.116790/269/G55/ G551/2000-3 dated 3.11.2000, the Tamil Nadu Electricity Board informed that an examination would be held on 11.11.2000 to all those eligible and qualified employees who are proposed to be selected for the posts of Assistant Engineer (Electrical) by internal selection. Following the same, the Board issued permanent B.P.(F.B.) No.31, dated 4.12.2000 directing that the internal selection to the posts of Assistant Engineer (Electrical) shall be made by conducting an examination in future from the existing eligible employees who are qualified. Accordingly, a consequential proceeding requiring the in-service candidates to appear for the examination to be held on 09.12.2000 was issued. The said proceedings dated 3.11.2000 and 28.11.2000 came to be challenged by a batch of existing employees of the Board in W.P. No. 20512/2000. In the said Writ Petition, it was contended that the above proceedings were contrary to the service regulations. It was contended that the service regulations do not provide for any such examination for selection among the employees for promotion to the post of Assistant Engineer whereas the proceedings impugned in the said Writ Petition prescribed such an examination. Considering the same, this Court in W.P. M.P. No. 29822/2000 granted interim stay of the selection as against the quota for the employees [internal selection] by order dated 6.12.2000.

(3.) WHILE so, the Board reconsidered its earlier decision to hold examination for the internal selection and accordingly, the Board by B.P.(FB) No.59, dated 13.11.2001 dispensed with such examination. Therefore, the Writ Petitions cited supra were all closed. When the Board was again about to continue the process of selection for the employees, one Geetha Lakshmi filed another Writ Petition on 17.12.2001 challenging the B.P. (FB) No.59. An interim stay was granted and the same was however vacated on 7.12.2001 at the instance of the employees who would be affected by the same. A Writ Appeal was filed challenging the order vacating the interim stay granted earlier. The said W.A.No.3117/2001 was dismissed on 22.2.2002. After that, the Board was again about to continue the process of internal selection of the employees.