M.S.Dhamotharan v. The Chairman-Cum-Managing Director

O R D E R This writ petition is filed for the following relief: "To call for the records relating to the impugned order dated 11.11.2025 in Ku.No.1067/Me.Po/Ve MiPaVa/ NiPi/U. 1/2025 passed by the 3rd respondent and quash the same as illegal and consequently direct the respondents to issue posting orders to the petitioner to the Post of Line Inspector in terms of the Notional promotion order dated

19.08.2025."

¶2It is the case of the petitioner that he was appointed as a Helper (Trainee) in RWE Class IV category vide appointment cum reposting order dated 15.03.2014, issued by the 2nd respondent. On 19.03.2014, he joined the office of AE / O&E, NCTPS – II. The 2nd respondent by order dated 04.04.2015, transferred 106 ITI helper (Trainee) to Vellore EDC from different circles based on the request of the employees and on administrative grounds. However, the petitioner's name was omitted in the transfer order. Thereafter, he requested the 2nd respondent to transfer his service to Vellore EDC as done to the similarly placed employees. By order dated 02.03.2026, his service transferred to Vellore EDC on administrative ground.

¶3Thereafter, the 3rd respondent reposted the petitioner in the office of EE / O&M. However, the AE / O&E, NCTPS II, did not relieve him from service. After his repeated request and follow ups only on 30.03.2017, he was relieved and he joined the office of the AE / 110-333/11 KV / Itchipudur Sub-Station on 03.05.2017. Meanwhile, the 3rd respondent had published a seniority list of Helpers working in Vellore EDC as on 31.12.2015 and the petitioner's name did not feature there, since on that date he was working in different circle.

¶4In fact, 106 persons who are transferred from NCTPS were included in this seniority list. The 3rd respondent without fixing seniority in proper place has issued promotion order to the petitioner's juniors to the post of Wireman on different dates from February 2018 onwards.

¶5The petitioner would submit that on account of an error committed by the 3rd respondent, the petitioner could not get his promotion and seniority properly fixed and his juniors have over taken him and they were appointed to the post Wireman and subsequently considered for promotion to the post of Line Inspector. The petitioner on coming to know about the illegality had submitted a representation on 22.11.2023, requesting the 3rd respondent to fix his seniority between S.No.39 i.e., P.Kumar and S.No.40 i.e., R.Sangeetha, since Sangeetha is his immediate junior who had secured Seniority No.1643 in the initial selection list and the petitioner had secured Seniority No.1618, in the initial selection list.

¶6On the basis of this representation, the 2nd and 3rd respondents decided to notionally promote him to the post of Wireman and Line Inspector on par with his juniors. An order in this regard came to be passed on 04.08.2025, whereby the seniority in the post of Helper was fixed between No.28 and 29 as S.No.28 A. Similarly in the post of Wireman, seniority was fixed at S.No.9 A i.e., between S.No.9 and 10 and consequently on the same day, the 3rd respondent passed an order notionally promoting him to the post of Wireman with effect from

16.02.2018. Thereafter, the 3rd respondent passed an order dated

19.08.2025 promoting him to the post of Line Inspector with effect from 22.03.2024, the date on which his junior, Sangeetha was promoted to the post of Line Inspector.

¶7The petitioner was expecting posting orders from the 3rd respondent. However, to his shock and surprise, the 3rd respondent had passed an order dated 11.11.2025 cancelling his notional promotion dated 19.08.2025, without assigning any reason simply mentioning administrative reasons. A detailed representation dated 26.01.2026 requesting them to recall the order dated 11.11.2025 and to effect promotion has been made by the petitioner. However, till date the petitioner's request has not been considered. Therefore, the petitioner is before this Court.

¶8Heard the learned counsels for the petitioner and the respondents.

¶9A reading of the order dated 11.11.2025 clearly shows that the same has been passed without issuing notice and the impugned order seeks to set aside the order dated 19.08.2025. In the order dated

19.08.2025, the Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Power Distribution Corporation Ltd., Vellore District, the 3rd respondent has passed the following order: "nkYk ; nkw;fz;l

ngdypd;go

nkw;fz;l gzpahsUf;F ,isatuhd jpUkjp/ r';fPjh. ghij Ma;thsu; nrhsp';fu; mtu;fs; ghij Ma;thsu; gzpnaw;g[ ehspy ; 22/03/2024 md;W Kw;gfy ; jpU/ M.S.jhnkhjud;. Mtu;fSf;Fk; ghij Ma;thsuhf gzpnaw;g[ bra;j ehshf (fUj;jpay;) fzf;fpy; bfhz;L Cjpak; epu;zak; bra;J gzpahsu ; jw;nghJ ghij Ma;thsu ; gjtp cau;tpy; gzpnaw;g [ bra;j ehs ; Kjy ; gzg;gad;fs ; tH';fpl cj;jut[ tH';fg;gLfpwJ/ nkYk ; nkw;fz;l gzpahsu ; ,f;Fwpg;ghiz bgw;Wf; bfhz;likf;F

ehspl;l

xg;g[if

mspf;FkhW cj;jutplg;gLfpwJ This order has been cancelled by the three line non speaking order without notice to the petitioner.

¶10Considering the fact that the order has been passed without notice to the petitioner, the same cannot be sustained more particularly when no reasons whatsoever except the statement it is for an administrative reasons that the promotion was cancelled. A person cannot be deprived of the benefit granted to him on the ground of administrative reasons and that too without putting him on notice. Therefore, the impugned order is quashed.

¶11In the result, this writ petition is allowed. The respondents are directed to give effect to the order dated 19.08.2025, within a period of 3 weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.

13.03.2026

kan To

1.The Chairman-cum-Managing Director, Tamil Nadu Power Distribution Corporation Ltd., No. 144, Anna Salai, NPKRR, Maligai, Chennai - 600 002.

¶2The Chief Engineer (Personnel) Tamil Nadu Power Distribution Corporation Ltd., No. 144, Anna Salai, NPKRR, Maligai, Chennai - 600 002.

¶3The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Power Distribution Corporation Ltd., Gandhi Nagar, Vellore District - 632506

P.T. ASHA, J

kan

13.03.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.03.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 9089 of 2026 & W.M.P.No. 9812 of 2026 M.S. Dhamotharan ...Petitioner Vs. 1.The Chairman-cum- Managing Director, Tamil Nadu Power Distribution Corporation Ltd., No. 144, Anna Salai, NPKRR, Maligai, Chennai - 600 002. 2. The Chief Engineer (Personnel) Tamil Nadu Power Distribution Corporation Ltd., No. 144, Anna Salai, NPKRR, Maligai, Chennai - 600 002. 3. The Superintending Engineer, Vellore Electricity Distribution Circle, Tamil Nadu Power Distribution Corporation Ltd., Gandhi Nagar, Vellore District - 632506 ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 11.11.2025 in Ku.No.1067/Me.Po/Ve MiPaVa/ NiPi/U. 1/2025 passed by the 3rd respondent and quash the same as illegal and consequently direct the respondents to issue posting orders to the petitioner to the Post of Line Inspector in terms of the Notional promotion order dated 19.08.2025. For Petitioner : Mr. K.Sasindran For Respondents : Mr. C.Manoharan Standing Counsel