TANGEDCO
(ABSTRACT)
Establishment
- Promotion and Posting to higher post - Eligibility Orders - Issued.
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(Administrative Branch)
(Per.)
B.P. CMD Proceeding No.59 Dated 24th May, 2013,
Vaikasi 10, Vijaya Aandu,
Thiruvalluvar Aandu 2044.
Read:
Ref : 1) G.O. (Ms) No. 107, dt. 18.08.2009.
2) G.O (Ms) No.
116, dt. 18.08.2010.
3) (Per) FB
TANGEDCO Proceedings No. 5, dt. 8.4.2011.
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Proceedings:-
The
issue relating to employees having Open University Degree without acquiring
10+2 for the purpose of appointment to entry level posts and promotion, and the
other issue of accepting Open University Degree in B.Com or M.Com as the case
may be, as precribed in the relevant service regulation for the limited purpose
of exemption from passing departmental exam of accountancy, have been examined
in detail based on the judgement delivered by Honourable Justice Thiru V.
Ramasubramanian, on 7.6.2012 in Writ Petition No. 7276 and 7278 of 2012 (copy
of enclosed).
2. Non-technical posts in Tamil Nadu Generation
and Distribution Corporation Limited (TANGEDCO) can broadly be classified into
two categories viz.,
(1) Posts requiring basic degree as
qualification;
(2)
Posts requiring minimum general educational qualification as the required
qualification which does not require degree as a qualification.
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In respect of those
non-technical posts, where minimum general educational qualification is
prescirbed, the individual should have passed 10th standard or old
S.S.L.C.
3. Apart from the above said qualifications,
there are certain other departmental tests like Accountancy Higher
Grade/Accountancy Lower Grade have been precribed in the Service Regulations.
In that case, necessary exemption from passing the above said tests have been
given to those who have passed either B.Com./ M.Com. degree from a recognized
university as prescribed. Some employees have acquired the said B.Com or
M.Com., degree through Open University system i.e. without passing under 10+2+3
system. Regarding question of considering the above said degrees obtained
through Open University System, as equivalent to the said departmental tests,
the Hon'ble High Court has considered the whole issue in para 19 of the said
judgement referred to in para 1 above that "No where the Supreme Court or
the Government Orders stated that those Degrees cannot even be recognized for
the limited purpose of granting exemption from passing the Departmental
Tests." The Hon'ble High Court has also held in para 30 of the said
judgement as follows:-
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"(i) so long
as the regulations recognise Open University Degrees only for the limited
purpose of granting exemption from appearing in departmental tests; and (ii)
so long as the Open University Degrees/Post Graduate Degrees are not
considered as equivalent to Degrees and Post Graduate Degrees obtained under
regular stream, but are admitted only for the purpose of granting a Limited
exemption from passing a departmental test, the respondents are not justified
in reverting the petitioners. Therefore, the petitioners are entitled to
succeed."
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4. In view of the above, as far as passing
of departmental exams like accountancy lower or higher grade as the case may
be, the following is the correct position.
(a)
Typists/Steno-typists are exempted from passing accountancy tests as per the
relevant service regulations, hence they are eligible to be considered for
promotion even if they have not passed accountancy tests prescribed.
(b)
In respect of Accounts Branch and Audit Branch, many individuals have passed
B.Com or M.Com through Open University System.
The Hon'ble High Court has already ruled in said judgment referred to in
para 1 that for the limited purpose of exemption from passing departmental
exam, Open University degrees can be considered. Therefore, for the purpose of
promotion in Accounts Branch and Audit Branch, the relevant service regulation
on the date of crucial date prescribing passing of B.Com or M.Com or both as the
case may be, either through formal system or through Open Univeristy should be
applied only for the limited purpose of exemption from passing departmental
exam only. This should not be confused with the posts for which basic degree is
prescribed as minimum qualification at entry level or for promotion.
The
above guidlines may be followed in preparing the promotion panel to the
non-technical posts following the correct legal position as set out by the
Hon'ble High Court adhering to relavent service Regulation inforce on the
Crucial Date.
(BY ORDER OF THE CHAIRMAN-CUM-MANAGING
DIRECTOR)
A. RAJA
CHIEF ENGINEER/ PERSONNEL
To
All
Superintending Engineers
All
Chief Engineers
The
Secretary/TANGEDCO.
The
Chief Internal Audit Officer/ Audit Branch.
The
Chief Engineer/ Personnel/ TANGEDCO.
The
Director/ (Finance)/ TANGEDCO.
The
Director/ (Finance)/ TANTRANSCO.
The
Director/ (Distribution)/ TANGEDCO.
The
Director/ (Generation)/ TANGEDCO.
The
Director/ (Project)/ TANGEDCO.
The
Director/ (Operation)/ TANGEDCO.
The
Legal Advisor/ TANGEDCO.
The
Superintending Engineer/Chairman-cum-Managing Director's Office
The
Director (Transmission Project)/ TANTRANSCO
The
Managing Director/TANTRANSCO.
The
Assistant Personnel Officer/Tamil Development Section (Gazette)
::
FORWARDED ::
Sd./-
XXX
V.
ASWATHAMAN
ASSISTANT
PERSONNEL OFFICER/ PANEL (N.T.)
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