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Madras High CourtWP/436/2022dismissed

J.Nagarajan v. The Chairman, Tangedco,

2024-04-04Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY J.Nagarajan ..

Petitioner Vs.

1.The Chairman TANGEDCO 144, Anna Salai Chennai - 2.

2.The Chief Engineer (Personnel) 144, Anna Salai Chennai - 2.

3.The Superintending Engineer Thiruvannamalai Electricity Distribution Circle TANGEDCO Thiruvannamalai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, calling for the records related to the impugned order dated 04.09.2021 in Letter No.7416/SE/TEDC/ADO/ADM-

3/ADA.2/2021 passed by the 3rd respondent and quash the same and direct the respondents herein to extend the benefit of the orders of this Court made in W.P.No.21163 of 2002 to the petitioner consequently direct the respondents Board to regularize petitioner's service. For the Petitioner : Mr.D.Bennington For the Respondents : Mr.Venkatesa Prasad

ORDER

Even though this Writ Petition is filed for a prayer to quash the impugned order dated 04.09.2021 and to extend the benefits of orders of this Court in W.P.No.21163 of 2002, the learned counsel appearing for the petitioner could not deny the averments of the learned counsel for the respondents that the petitioner was dis-engaged from service in the year 2002 itself. If that being the position, unless the petitioner challenges his disengagement/non-engagement from service, the relief prayed for in this Writ Petition cannot be granted.

2.The learned counsel for the petitioner at this juncture would submit that the petitioner would move before the appropriate Labour Court, challenging his dis-engagement.

3.In view thereof, this Writ Petition is dismissed, however, with liberty to the petitioner to take such steps as may be permissible under law, regarding his dis-engagement. No costs.

04.04.2024 Index : Yes : No Speaking order : Yes Jer To 1.The Chairman TANGEDCO, 144, Anna Salai Chennai - 2.

2.The Chief Engineer (Personnel) 144, Anna Salai, Chennai - 2.

3.The Superintending Engineer Thiruvannamalai Electricity Distribution Circle TANGEDCO Thiruvannamalai.

D.BHARATHA CHAKRAVARTHY , J.

Jer W.P.No .436 of 2022 04.04.2024