(1.) THE above writ petition has been filed praying to issue a writ of certiorarified mandamus, to call for the records of the third respondent in BP (FB) No. 23 dated 22. 7. 97 and quash the aforesaid proceedings and consequently forbear the respondents from preparing a fresh panel for the post of Instrument Mechanic Grade I in the office of the first respondent namely the Superintending Engineer, Kancheepuram Electricity Distribution Circle, Kancheepuram.
(2.) TODAY, when the above matter was taken up for consideration, learned counsel for the petitioner would submit that the petitioner has passed S. S. L. C. And I. T. I. in Instrument Mechanic (National Trade Certificate); that he joined as Helper in the respondent-Board on 6. 2. 1989 and thereupon gradually promoted as "instrument Mechanic" on 26. 6. 1996; that the department has called for willingness for 13 posts of Instrument Mechanic Grade I and after getting option, the first respondent has prepared a panel consisting of ten names and selected the petitioner and one S. Sekar as Instrument Mechanic Grade I; that the petitioner was given postings on 21. 6. 96; that the other eight candidates' names were deleted by the first respondent in his memo dated 19. 3. 96; that those candidates filed W. P. No. 4014 of 1997, which is pending and obtained interim stay in deleting the names from the panel for promotion in W. M. P. No. 6660 of 1997; that thereafter, the second respondent has issued Board proceedings No. 23 dated 22. 7. 97, cancelling the entire panel; that the second respondent has passed the impugned order without any notice to the petitioner; that the impugned order was passed after 14 months of promotion; that the petitioner is fully qualified to hold the said post; that as per the T. N. E. B. Regulations, the petitioner is eligible for the post; and hence he would pray that the impugned order has to be set aside and the matter may be remitted back to the Superintending Engineer for fresh consideration as the impugned order is passed without any notice to the petitioner.
(3.) PER contra, learned counsel appearing for the respondents would submit that as per Regulation 90 (a) of the Tamil Nadu Electricity Board Service Regulation, the Board shall have the powers to annul or modify or revise a list of approved candidates for appointment or promotion to any category, class or service prepared by the competent authority; that pursuant to the interim order passed by this Court, the petitioner has been continuing in the post, but in that event, his seniors continue in the lower postings; that by virtue of this order, his seniority will be restored to the original position and his seniority will not be affected; that the impugned order passed is valid in law and hence he would pray for the dismissal of the writ petition.