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.
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.)