Madras High CourtWP/6007/2018disposed of

P.Manikandan, v. The Chairman,

2018-06-26Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI W.P.No.6007 of 2018 in WMP.No.7390 of 2018

1. P.Manikandan

2. Tmt.M.Indhirani .. Petitioner Vs

1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel), No.144, Anna Salai, Chennai 600 002.

3. The Superintending Engineering, Dharmapuri Electricity Distribution Circle, Dharmapuri - 5 .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to pass orders on the representation of the petitioners' dated 09.11.2017 in the light of the order passed in Memo No.081451/1310/G42/G422/2017-1 dated 28.09.2017 on the file of the 2nd respondent and to repost the petitioner in the existing vacancy as Full time Regular employee with all attendant benefits instead of part Part Time Conservancy workers.

For Petitioner : Mr.V.Elangovan, For Respondents : Mr.M.Fakkir Mohideen,Standing Counsel

ORDER

This writ petition has been filed by the petitioners seeking a direction to the 2nd respondent to pass orders on the representation of the petitioner dated 09.11.2017 in the light of the order passed in Memo No.081451/1310/G42/G422/2017-1 dated 28.09.2017 on the file of the 2nd respondent and to repost the petitioner in the existing vacancy as Full time Regular employee with all attendant benefits instead of part Part Time Conservancy workers.

The grievance expressed by the petitioners is that though they had rendered 14 years of service, their service was regularized only as Part Time Conservancy worker. However, in similar circumstances, some of the persons who are working under the Chief Engineer, Mettur Thermal Power Station - 1 were appointed as a regular worker in Memo No.081451/1310/ G42/G422/2017-1 dated 28.09.2017, in view of the order passed in WP Nos.25423 and 25433 of 2013 dated 09.01.2014. In this regard, the petitionesr submitted a representation to 2nd respondent. Since, no response has been received from the respondents, the petitioners came forward to file this writ petition.

3. Heard the submissions of the learned counsel appearing for the petitioners, so also, perused the material on record.

4. Though, the learned Standing counsel has accepted notice on behalf of respondents 1 to 3, no counter affidavit has been filed.

5. Considering the nature of relief sought for by the petitioners without going into the merits of the petitioners representation, this Court is inclined to dispose of this writ petition in the absence of any counter affidavit, with a direction to the 2nd respondent to consider and dispose of the petitioners representation dated 09.11.2017, if it is pending, in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. However, It is made clear that this Court has not expressed any opinion on the merits of the representation submitted by the petitioner. Consequently, the connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rka

1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel), No.144, Anna Salai, Chennai 600 002.

3. The Superintending Engineering , Dharmapuri Electricity Distribution Circle, Dharmapuri - 5 +1cc to Mr.M.Fakkir Mohideen, Advocate, S.R.No.41537 +1cc to Mr.S.Doraisamy, Advocate, S.R.No.40449 W.P.No.6007 of 2018 NRL(CO) GSP(04/07/2018)