K. Jayalakshmi Vs. Tamil Nadu Generation and Distribution Corpn. Ltd., Rep. by Its Chairman Cum Managing Director and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/934488
CourtChennai High Court
Decided OnAug-07-2012
Case NumberWrit Petition No. 110 of 2012 & M.P. No. 2 of 2012
JudgeD. HARIPARANTHAMAN
AppellantK. Jayalakshmi
RespondentTamil Nadu Generation and Distribution Corpn. Ltd., Rep. by Its Chairman Cum Managing Director and Others
Advocates:For the Petitioner: Balan Haridas, Advocate. For the Respondents: R1 to R3, Ms. R. Varalakshmi, Advocate.
Excerpt:
electricity (supply) act, 1948 - section 79(c) -(prayer: writ petition under article 226 of the constitution of india praying this honourable court to issue a writ of certiorari after calling for the concerned records from the 1st and 2nd respondents, quash the order of the 1st respondent dated 8.4.2011 bearing ref.no.per.fb tangedco proceedings no.5 in so far as clause 5 is concerned and the consequential order dated 2.12.2011 bearing memo no.077305/g30/g301/2011-1 of the 2nd respondent proposing to cancel the promotion granted by the respondents from the post of account supervisor to the post of assistant accounts officer as illegal, arbitrary, contrary to principles of natural justice and totally without jurisdiction.) 1. the petitioner passed s.s.l.c (old xi standard) in march, 1973. she also passed diploma in commercial practice, three years course conducted by state board of technical education and training, in april, 1982. this diploma course is treated as if the petitioner passed pre-university course eligible for admission to degree course. 2. the petitioner joined the tamil nadu electricity board, now reconstituted as tamil nadu generation and distribution corporation limited (in short referred to as 'corporation') on 9.5.1985 as steno-typist and she was promoted as assistant on 8.4.1996. 3. the petitioner obtained m.com degree through correspondence course in madurai kamaraj university in 1994. she was promoted from the post of assistant to accounts supervisor on 6.3.2007. 4. b.p.no.60 (fb) tamil nadu electricity board, dated 2.11.2002 provides that accountancy in higher grade is the required qualification for the post of assistant accounts officer. however, the b.p provides that a person who has obtained m.com through open university system is exempted from passing accountancy in higher grade. 5. based on b.p. 60, the petitioner was promoted as assistant accounts officer on 10.2.2011. the 2nd respondent passed the impugned order dated 2.12.2011 seeking to cancel the promotion given in the order dated 10.2.2011 as assistant accounts officer, placing reliance on b.p.5 dated 8.4.2011 of the corporation. 6. in these circumstances, the petitioner has filed this writ petition seeking to quash b.p.5, administrative branch, dated 8.4.2011 of the corporation and the show cause notice dated 2.12.2011 of the second respondent seeks to cancel the promotion given to the petitioner as assistant accounts officer on 10.2.2011. 7. counter affidavit has been filed by the respondents refuting the allegations. it is averred that b.p.5 was passed on 8.4.2011 in terms of the government orders referred to therein. the board has also now made it clear that degrees obtained in open universities, without undergoing 10th and plus two and post graduation obtained without undergoing regular degree course would not be considered for appointment and promotion in the corporation. 8. heard both sides. 9. the learned counsel for the petitioner has submitted that though he has sought for quashing b.p.5, he has given up the same. he has heavily relied on the order of the learned single judge of this court dated 27.6.2012 in w.p.nos.7276 to 7278 of 2012. according to him, in view of the said order, the impugned show cause notice dated 2.12.2011 of the second respondent is liable to be quashed. 10. on the other hand, the learned counsel for the corporation has made submissions based on counter affidavit. 11. i have considered the submissions made on either side. 12. i have perused the order dated 27.6.2012 in w.p.nos.7276 to 7278 of 2012. in my view, the said order squarely applies to the facts of this case. 13. this court has categorically held in the order dated 27.6.2012 in w.p.nos.7276 to 7278 of 2012 that the persons who obtained degree through open university system cannot be considered for appointment and promotion if they do not satisfy the requirement as stated in g.o.nos.107 and 116 that are incorporated in b.p.no.5. but it is a different thing if the corporation has chosen to frame statutory regulations and has granted exemption from passing departmental test to a person who has obtained degree and post graduate degree through open university system. so long as the regulation granting exemption is in force, the persons who are promoted based on those regulations cannot be reverted. 14. as held by this court, b.p. 60(fb) tamil nadu electricity board, dated 2.11.2002 is admittedly still in force and the same is not amended. that b.p was issued by exercising power under section 79(c) of the electricity (supply) act, 1948. 15. in view of the aforesaid categorical finding of this court, i am of the view that the impugned order dated 2.12.2011 of the 2nd respondent is liable to be quashed and accordingly the same is quashed. 16. the writ petition is allowed. no costs. connected m.p.no.2 of 2012 is closed.
Judgment:

(Prayer: Writ petition under Article 226 of the Constitution of India praying this Honourable Court to issue a writ of certiorari after calling for the concerned records from the 1st and 2nd respondents, quash the order of the 1st respondent dated 8.4.2011 bearing Ref.No.Per.FB TANGEDCO Proceedings No.5 in so far as Clause 5 is concerned and the consequential order dated 2.12.2011 bearing Memo No.077305/G30/G301/2011-1 of the 2nd respondent proposing to cancel the promotion granted by the respondents from the post of Account Supervisor to the Post of Assistant Accounts Officer as illegal, arbitrary, contrary to principles of natural justice and totally without jurisdiction.)

1. The petitioner passed S.S.L.C (old XI standard) in March, 1973. She also passed Diploma in Commercial Practice, three years course conducted by State Board of Technical Education and Training, in April, 1982. This Diploma Course is treated as if the petitioner passed Pre-University course eligible for admission to degree course.

2. The petitioner joined the Tamil Nadu Electricity Board, now reconstituted as Tamil Nadu Generation and Distribution Corporation Limited (in short referred to as 'Corporation') on 9.5.1985 as Steno-Typist and she was promoted as Assistant on 8.4.1996.

3. The petitioner obtained M.Com degree through correspondence course in Madurai Kamaraj University in 1994. She was promoted from the post of Assistant to Accounts Supervisor on 6.3.2007.

4. B.P.No.60 (FB) Tamil Nadu Electricity Board, dated 2.11.2002 provides that Accountancy in higher grade is the required qualification for the post of Assistant Accounts Officer. However, the B.P provides that a person who has obtained M.Com through Open University system is exempted from passing Accountancy in higher grade.

5. Based on B.P. 60, the petitioner was promoted as Assistant Accounts Officer on 10.2.2011. The 2nd respondent passed the impugned order dated 2.12.2011 seeking to cancel the promotion given in the order dated 10.2.2011 as Assistant Accounts Officer, placing reliance on B.P.5 dated 8.4.2011 of the Corporation.

6. In these circumstances, the petitioner has filed this writ petition seeking to quash B.P.5, Administrative Branch, dated 8.4.2011 of the Corporation and the show cause notice dated 2.12.2011 of the second respondent seeks to cancel the promotion given to the petitioner as Assistant Accounts Officer on 10.2.2011.

7. Counter affidavit has been filed by the respondents refuting the allegations. It is averred that B.P.5 was passed on 8.4.2011 in terms of the Government Orders referred to therein. The Board has also now made it clear that degrees obtained in Open Universities, without undergoing 10th and plus two and post graduation obtained without undergoing regular degree course would not be considered for appointment and promotion in the Corporation.

8. Heard both sides.

9. The learned counsel for the petitioner has submitted that though he has sought for quashing B.P.5, he has given up the same. He has heavily relied on the order of the learned single Judge of this Court dated 27.6.2012 in W.P.Nos.7276 to 7278 of 2012. According to him, in view of the said order, the impugned show cause notice dated 2.12.2011 of the second respondent is liable to be quashed.

10. On the other hand, the learned counsel for the Corporation has made submissions based on counter affidavit.

11. I have considered the submissions made on either side.

12. I have perused the order dated 27.6.2012 in W.P.Nos.7276 to 7278 of 2012. In my view, the said order squarely applies to the facts of this case.

13. This Court has categorically held in the order dated 27.6.2012 in W.P.Nos.7276 to 7278 of 2012 that the persons who obtained degree through Open University System cannot be considered for appointment and promotion if they do not satisfy the requirement as stated in G.O.Nos.107 and 116 that are incorporated in B.P.No.5. But it is a different thing if the Corporation has chosen to frame statutory regulations and has granted exemption from passing departmental test to a person who has obtained degree and post graduate degree through Open University System. So long as the regulation granting exemption is in force, the persons who are promoted based on those regulations cannot be reverted.

14. As held by this Court, B.P. 60(FB) Tamil Nadu Electricity Board, dated 2.11.2002 is admittedly still in force and the same is not amended. That B.P was issued by exercising power under Section 79(c) of the Electricity (Supply) Act, 1948.

15. In view of the aforesaid categorical finding of this Court, I am of the view that the impugned order dated 2.12.2011 of the 2nd respondent is liable to be quashed and accordingly the same is quashed.

16. The writ petition is allowed. No costs. Connected M.P.No.2 of 2012 is closed.