TAMIL NADU ELECTRICITY BOARD Vs. ANTHONISAMY

JUDGEMENT

(1.) THIS second appeal is preferred against the judgment and decree dated 15. 7. 1996 passed in A. S. No. 270 of 1994 on the file of Principal District Judge, Villupuram reversing the judgment and decree dated 28. 7. 1994 made in O. S. No. 1196 of 1993 on the file of Principal District Munsif, Villupuram. The defendant is the appellant.

(2.) THE respondent filed the suit seeking for declaration that the order passed by the Chief Engineer on 8. 6. 1992 and the subsequent orders of the defendant dated 8. 9. 1992 and 17. 10. 1992 are valid and binding and for mandatory injunction to give effect to those orders and also to declare the order passed by the defendant on 15. 4. 1993 as illegal and null and void and for permanent injunction restraining the defendant from giving effect to the above order dated 15. 4. 1993. The case of the plaintiff is that he originally worked as a temporary casual labour in General Construction Circle/north/tamil Nadu Electricity Board/vellore of the respondent Board and after six years, he was absorbed as Helper by order dated 8. 5. 1973 and his service as Helper was regularised from 1. 1. 1973 as per the subsequent order dated 20. 9. 1974 and in the course of duty, he was at South Arcot Electricity System in connection with erection of a sub station work and after completion of it, 50% of the workmen were absorbed for maintenance job and the plaintiff was given an option either to stay in the parent circle or work in the South Arcot Electricity System and the plaintiff expressed his willingness and he was absorbed at South Arcot Electricity System by order dated 21. 9. 1975 and during March 1984, the plaintiff was due for promotion to the next category as Wireman and by mistake he was not considered and the respondent-Board has not followed B. P. 66 (Administration Branch) dated 1. 2. 1985 and the Chief Engineer by letter dated 8. 6. 1992 declared that the seniority of Helpers who were transferred from General Construction Circle/north/vellore on the basis of 50% absorption would be fixed in the category of Helper from the date of appointment of Helper in the previous General Construction Circle and the plaintiff's seniority was re-fixed by the defendant in his order dated 8. 9. 1992. It is further stated by the plaintiff that the defendant however issued an order dated 15. 4. 1993 in which, he approved a supplementary list for promotion on temporary basis without following B. P. 66 dated 1. 2. 1985 and the plaintiff has sought for declaring those proceedings as illegal in this suit.

(3.) THE defendant in its written statement has stated that the plaintiff was not transferred from any project Circle to the Distribution Circle and he was only transferred from General Construction Circle (North), Vellore to the Distribution Circle and B. P. 66 is not applicable to the plaintiff and the Chief Engineer in his letter dated 8. 6. 1992 ordered the seniority of the Helpers who have been transferred from General Construction Circle to Villupuram Distribution Circle on 50% absorption may be refixed by giving notice to the seniors and inviting objections and objections were received from 85 workers who were seniors to the plaintiff and in the subsequent order dated 28. 10. 1993, the Chief Engineer cancelled his previous order dated 8. 6. 1992 and therefore no order can be issued under the provisions of B. P. 66 to the plaintiff. It is further stated by the defendant that the plaintiff opted to be absorbed as Helper in the Distribution Circle and the Board has followed the procedures and the Civil Court has no jurisdiction to entertain the suit.