TANGEDCO – JE(E) Grade-II Promotion – Retrospective Notional Promotion – WP 16386/2017 – Justice Krishnaswamy Govindarajan – 14.10.2026*Petitioner Counsel:* http://Ms.V.Porkodi for http://Mr.R.Krishnaswamy *Respondents:* http://1.Chairman, TANGEDCO, http://2.Chief Engineer (Personnel), TANGEDCO, http://3.SE, Coimbatore EDC (South), http://4.SE, Udumalpet EDC *Respondent Counsel:* http://Mr.C.Ramkumar, Standing Counsel

*#1042 – NEW SIR ✅ – PDF Verified – TANGEDCO – JE(E) Grade-II Promotion – Retrospective Notional Promotion – WP 16386/2017 – Justice Krishnaswamy Govindarajan – 14.10.2026*

*Case Details Sir:*
*Petitioners:* http://1.C.S.Balasubramanian, http://2.N.Selvaraj, http://3.R.Kumarakuruparan, http://4.N.Sumathy (Deceased – LRs http://G.Kaviya, http://G.Thirishalini impleaded), http://5.S.Prakasam, http://6.R.Saravanan, http://7.T.Ayyasamy, http://8.M.Jayabalan, http://9.B.Meena, http://10.C.Ganeshmoorthy
*Petitioner Counsel:* http://Ms.V.Porkodi for http://Mr.R.Krishnaswamy
*Respondents:* http://1.Chairman, TANGEDCO, http://2.Chief Engineer (Personnel), TANGEDCO, http://3.SE, Coimbatore EDC (South), http://4.SE, Udumalpet EDC
*Respondent Counsel:* http://Mr.C.Ramkumar, Standing Counsel

*Prayer:*
> Declaration that non-inclusion for promotion to JE(E) Grade-II in list dt 30.06.2016 on ground of not completing 2 years service as Commercial Inspector, and refusal on ground now appointed as Technical Assistants, despite inclusion in annexure dt 22.04.2017, as illegal – Direct promotion on par with immediate juniors who got diploma later and promoted, with seniority + consequential benefits.

*Facts:*
> Petitioners – SSLC + ITI + National Apprenticeship – Helper Trainee -> Field Helper -> Commercial Assistant -> Commercial Inspector – Completed Diploma in EEE with permission.
> Earlier litigation: B.P.(FB) No.17 dt 05.07.2003 challenged – Single Judge 16.12.2010 allowed – RWE diploma holders entitled to JE(E) Grade-II under Diploma Holders quota.
> Division Bench W.A.1571-1575/2012 – 22.06.2015: B.P.17 valid but only prospective from 05.07.2003, not from 04.04.1987 – Promotions already made not to be reversed – Similarly placed persons who did not approach Court also to be considered under relaxation power.
> Pursuant to that, suitability called only for Line Inspector, Commercial Inspector, equivalent or higher – Petitioners applied.
> 2nd respondent selected only 40 RWE employees – Petitioners not included – Meanwhile petitioners promoted as Technical Assistant (Electrical) via internal selection, same pay as Commercial Inspector – 22.04.2017 again called suitability for 123 persons including petitioners.
> Orally informed they won’t be considered – Not completed 2 years in Commercial Inspector as on crucial date + Already appointed as Technical Assistants.

*TANGEDCO Counter:*
> 169 suitability reports received – Qualification under B.P.17: 1) Diploma in EE/EEE/ECE/Instrumentation/CS, 2) Not less than 2 years practical experience in maintenance/erection/construction.
> 40 selected with reference to crucial date 20.03.2015 – Petitioners 1-9 not completed mandatory 2 years in feeder category.
> Petitioners voluntarily opted for TA/Electrical after executing undertaking: _”I agree to relinquish my rights for promotion in the present post held in RWE/NRWE in event of my appointment as Technical Assistant/Electrical.”_ – Estopped.

*Petitioners Rejoinder:*
> After filing WP, promoted to JE(E) Grade-II from TA only in 2021, but entitled from 30.06.2016 – 40 persons promoted 30.06.2016 now promoted to JE(E) Grade-I – Petitioners basic pay Rs.43,500/- vs 40 persons Rs.78,700/- – Grave injustice.

*Court – Discussion:*
> Point revolves entirely around common judgment 22.06.2015 in W.A.1571-1575/2012 – Benefits equally available to similarly placed persons who did not approach Court.
> No dispute petitioners similarly situated and covered by writ appeal order.
> Respondents rely on undertaking – Petitioners obtained TA appointment only after executing express undertaking not to claim benefits under writ appeal order – Estoppel contention.
> *Above approach in direct contradiction to judgment in writ appeal. Respondents cannot contend execution of undertaking absolves them from implementing judicial directives in respect of similarly placed employees.*

*Held / Order:*
> *Petitioners entitled to benefits of writ appeal judgment, consequently entitled to promotion from date their counterparts were promoted.*
> *Entitled to promotion with retrospective effect from date other similarly situated persons were promoted under writ appeal order.*
> *Promotion shall be on NOTIONAL basis for purpose of seniority and pensionary benefits ALONE – Petitioners shall NOT be entitled to any monetary benefits for retrospective period.*
> *WP Allowed in Part – No costs – WMP 17708/2017 closed.*

*#1042 Filed Sir ✅ – Source: PDF WP 16386/2017 – Uploaded 11/11/2026*

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