TAMIL NADU ELECTRICITY BOARD Vs. M. BALAIYAN

JUDGEMENT

(1.) This appeal has been filed by the Tamil Nadu Electricity Board against the order passed by this Court in W.P. No.26205 of 2004 dated 18.11.2014, quashing the order passed by the first appellant herein in Memorandum No.51976/A11/A112/2004-1 dated 11.08.2004 and also directing the appellants to refix the seniority of the respondent herein by taking into account his original seniority as on 21.01.1988 with due service and other benefits including promotion, within a period of eight weeks from the date of receipt of a copy of the order.

(2.) The matter relates to re-fixation of seniority of the respondent from the date of his initial appointment, i.e., on 21.01.1988 as typist and to give him due promotion. The respondent was appointed as typist in the Secretariat Branch of the appellant Board on 21.01.1988. The post of typist is classified as Class III of Category IV of Division VI-A as per the Tamil Nadu Electricity Board Service Regulations. The respondent completed his probation on 15.01989. While so, the respondent made a request for transfer to Operation and Maintenance Branch at Nagapattinam and accordingly he was transferred to that place in the same post, i.e., typist, on 03.09.199 Thereafter, the respondent was transferred to the Distribution Circle, MES/North Madras on 03.11.1993. He was once again at his request, re-transferred and posted at Secretariat Branch in the same post on 19.01994, subject to the following conditions:

(3.) The respondent was also directed to furnish an undertaking to that effect to the Secretary, Tamil Nadu Electricity Board, Secretariat Branch and consequent on his giving such undertaking, an order dated 07.01994 was passed appointing him temporarily as typist in TNEB Office, Secretariat Branch. It was also stated in the order passed by the Board that he will be reverted to his parent office at any time without previous notice and his seniority in the cadre of typist in the Board Office Secretariat Branch for the purpose of promotion, will be issued separately. The respondent also reported for duty on 06.04.1994 in the Board Office Secretariat Branch. While so, the respondent made a representation to the Chairman, Tamil Nadu Electricity Board to restore his seniority by reckoning the same from the date of his initial appointment in the Secretariat Branch on 21.01.1988, and the same was rejected by the first appellant by order dated 05.10.1994. In the order dated 05.10.1994, no reason has been assigned for rejecting his request, except stating that his request for restoration of his original service by condoning the break in the continuity of service in the Board Office Secretariat Branch has not been accepted. Thereafter, the respondent's service was regularised with effect from 06.04.1994, i.e., from the date on which he rejoined the post of typist in the Secretariat Branch.