G.RAJENDRAN Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) Writ Petition filed for issuance of a writ of Certiorarified Mandamus, calling for the records pertaining to the order of the third respondent passed in his proceedings Lr.No.02665- 400/Ni.P.2/Ni.U.1/Ko.Masthur/2005-1 dated 10.03.2008 and quash the said order dated 10.03.2008 and consequently directing the respondents herein to implement the order of the third respondent passed in his proceedings Memo No.22679-1088/Ni.Pi.2/U.1/Masthur- II/05-18 dated 15.11.2005 and appoint the petitioner as Masthur-II in the respondent Board.

(2.) The petitioner was working as contract labour in the respondents Board under the control of the Assistant Engineer, the fifth respondent herein as temporary casual labours from the year 1983 onwards. On the legal proceedings initiated by one of the Union, Justice Khalid Commission was appointed by the Hon'ble Apex Court. Justice Khalid Commission identified the contract labourers who were to be absorbed in the respondent's Board. The report of the Justice Khalid Commission was accepted by the Hon'ble Apex Court and a number of contract labourers were absorbed as Masthurs in the respondent's Board. On 08.08.1998, the petitioner was identified as contract labour, the Trade Union produced the school certificate showing as if the petitioner studied up to 8th standard. Due to accelerated pressure, the said certificate was produced by inadvertence by the Union. The petitioner was appointed as Masthur Grade-II on consolidated salary of Rs.2,500/- per month on a condition that he will be granted time scale of pay after two years of satisfactory service. Disciplinary proceedings were initiated against number of contract labours who have produced bogus school certificate and many of them were dismissed/removed from service. Writ Petitions have been filed challenging the order of termination. Two of the Writ Petitions have been dismissed by this Court and Writ Appeals were filed against the same. The Division Bench of this Court suggested the respondent's Board to consider for imposing lesser punishment than removal/dismissal for submitting bogus certificates. The respondent's Board favourably responded to the suggestion made by the Division Bench of this Court and passed Board proceedings Per.B.P.(F.B.)No.27 (Administrative Branch), dated 07.11.2002. The Division Bench of this Court recorded the Board proceedings Per.B.P.(F.B.)No.27 (Administrative Branch), dated 07.11.2002 and disposed of the W.A.Nos.2454 and 2589 of 2002 on 18.12.2002.

(3.) The learned counsel appearing for the petitioner relied on the judgment of this Court reported in 2009 (4) CTC 158, [N.Sekar Vs. Director of Medical Education, Chennai-5 and others], wherein at paragraph no.6, it has been held as follows: