Full Judgment
(Prayer in W.P.No.29502 of 2012 : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the second respondent to select and appoint the petitioner as Assistant Engineer/Electrical by internal selection, with all consequential benefits pursuant to by letter No.000729/2/G.55/G.551/2012-1 dated 27.01.2012 of the second respondent.
Common Order:
The petitioners are now working as Helper-cum-Meter Reader in Tamil Nadu Electricity Board. They rendered long service as contract Helper and they are absorbed as Regular Helper-cum-Meter Reader. All of them are possessing B.E. qualification. They are absorbed as a regular employee in the post of Helper-cum-Meter Reader on various dates since they are in possession of B.E.qualification, they also made applications to consider them under internal selection for the post of Assistant Engineer(Electrical), when the Chief Engineer(Electrical) sent a letter dated 27.01.2012 to all the Superintending Engineers to submit proposals for internal selection.
2. The grievance of the petitioners is that though the respective Superintending Engineers forwarded their applications for internal selection, the same was not considered by the Chief Engineer(Personnel) of the Tamil Nadu Electricity Board. Hence, the petitioners have filed these writ petitions seeking for a direction to appoint them as Assistant Engineer(Electrical) by internal selection pursuant to the letter dated 27.01.2012 of the Chief Engineer ( Personnel).
3. The respondents have filed counter affidavit refuting the allegations.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondents.
5. The regulation 92 of Tamil Nadu Electricity Board Service Regulations deals with the appointment to several Classes, Divisions and Categories specified in column (1) of Annexure to the Regulations. In Annexure I, Class II, Division II, Category III, is the post of Assistant Engineer(Electrical). The method of appointment to the post of Assistant Engineer (Electrical) as provided under this regulation is by way of internal selection and direct recruitment. In this case, we are not concerned with the direct recruitment. In the aforesaid Annexure I, it is stated that for the purpose of appointment by internal selection, the selection shall be made on the basis of the service rendered, after acquiring B.E. degree or equivalent qualification. Therefore, all the serving employees, who are in possession of B.E. Degree are entitled to be considered for internal selection. Regulation 87 Clause 10-A defines that the appointment by internal selection is deemed to be direct recruitment, i.e. internal selection is nothing but the selection of employees by way of direct recruitment. The serving employees, who are in possession of B.E. Degree, come under the zone of consideration for recruitment for the post of Assistant Engineer(Electrical). Therefore, as per the statutory regulations, the petitioners are entitled to be considered for the internal selection to the post of Assistant Engineer(Electrical).
6. But, the respondents refused to consider the case of the petitioners based on the memo No.107609/G.58/G.582/2007-1, dated 07.09.2007 issued by the Chief Engineer(Personnel).
7. The said memo dated 07.09.2007 of the Chief Engineer(Personnel) is placed before this Court and para 11 of the aforesaid memo is heavily relied on by the learned counsel for the Tamil Nadu Electricity Board and the same is extracted hereunder:
11. The Superintending Engineers are informed that before issue of orders of appointment as Mazdoor, Helper-cum-Meter Reader and Assessor Grade-II, it should be ensured.
(a) that the individual is a bonafied Contract Labourer identified on 8.8.98.
(b) the individual has received ex-gratia payment for the year 2005-2006 and
(c) that the individual has regularly, reported to the Section Office in the last 12 months as on 31.07.2007.
Those persons shall be posted exclusively in O&M; Sections of the circles. They will not be eligible for Internal Selection before completion of a prescribed period of service from the date of their regular appointment as Per B.P.4th cited.
8. Para 11 of the memo dated 07.09.2007 states that unless the employees have rendered prescribed period of service from the date of their regular appointment as per B.P. 45 dated 6.9.2007 that is referred to as 4th item in the reference of memo dated 07.09.2007, the employees cannot be considered for internal selection.
9. Therefore, the memo is based on B.P.45. B.P.45 is also placed before this Court. B.P.45 has nothing to do with internal selection. B.P.45 deals with promotion from one category to another category. Para 4 of the B.P.45 is relevant for this case and the same is extracted hereunder:
4. Therefore, the Board after careful examination of the issue has decided to prescribe the minimum period of service in the post of Mazdoors, Helper-cum-Meter Readers and Assessors Grade II for promotion as follows:
| Sl. No. | Name of the Category | Minimum Service |
| 1 | Mazdoor | 2 Years |
| 2 | Helper cum Meter Reader | 5 Years |
| 3 | Helper | 5 Years |
| 4 | Assessor Grade II | 5 Years |
10. Accordingly, the writ petitions are disposed of with a direction to the respondents to consider the claim of the petitioners to the post of Assistant Engineer (Electrical) for internal selection for the year 2012 and to pass appropriate orders on merits and in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed.