G JAGADESAN; K RAVICHANDRAN; M SHANKAR Vs. STATE OF TAMIL NADU; CHIEF ENGINEER PERSONAL, TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD ; SUPERINTENDING ENGINEER (O & M), TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LTD

JUDGEMENT

(1.) All the petitioners were recruited as contract labourers in the Tamil Nadu Electricity Board, presently called as Tamil Nadu Generation and Distribution Corporation Ltd.,. The petitioner in W.P.No.29336 of 2013 joined as a contract labourer on 27.04.1998. The petitioner in W.P.No.33848 of 2013 joined as contract labourer in December, 1993 and the petitioner in W.P.No.34723 of 2013 joined as contract labourer on 20.3.1997. They also studied B.E. Part-time course and passed the same in April, 2012 and they are in continuous employment with the respondent from the date on which they were appointed as casual labourers.

(2.) The second respondent issued a Letter No.069955/610/G.55/ G.551/2013-I dated 12.08.2013 calling for applications from the qualified employees of the Board, who had passed B.E.(Electrical) for consideration and appointment to the post of Assistant Engineer/Electrical by Internal Selection. The petitioners were not considered for the posts though the petitioners were having necessary qualification. Therefore, the petitioners filed the above Writ Petitions for the above said relief.

(3.) It is submitted by the learned counsel for the petitioners that, in W.P.Nos.29502 to 29515 of 2012, this Court held that Internal Selection is nothing but direct recruitment and the persons who are in employment of the respondent Corporation and satisfies the qualification are eligible to be considered for the post of Assistant Engineer and directed the respondents to consider the claim of the petitioners in those Writ Petitions for the post of Assistant Engineer (Electrical), for Internal Selection for the year 2012. The learned counsel further submitted that though the petitioners were lastly designated as Mazdoor (Trainee) and the training period is completed in February, 2014, the petitioners are in employment for more than 20 years and therefore, they have become permanent employees and as a matter of fact, the proceedings were initiated under the provisions of Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act, 1981, by the petitioners and the Permanent Status was also conferred on the petitioners and therefore, the petitioners are employees of the respondent Corporation and as they possessed the necessary qualification, namely, B.E.(Electrical) on the date of issuance of impugned proceedings dated 12.08.2013 and they are eligible to be considered for the post of Assistant Engineer (Electrical) and therefore, the petitioners may be considered for that post.