P.Shantha Kumar v. The Chairman- Cum-Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA P.Shantha Kumar ...

Petitioner versus 1.The Chairman-cum-Managing Director, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer/Personnel, TANGEDCO, Administrative Branch, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Chengalpattu, 4.The Divisional Engineer / O & M, TANGEDCO, Sriperumbudur, 1/5

5.The Executive Engineer / O & M, TANGEDCO, Thirumazhisai, ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to regularize the service of the petitioner and pay all the attendant benefits due to him.

For Petitioner :

Mr.R.Karunagaran For Respondents :

Mr.David Sundar Singh Standing Counsel for TANGEDCO

O R D E R

Heard Mr.R.Karunagaran, learned counsel for the petitioner and Mr.David Sundar Singh, learned Standing Counsel for the respondents and perused the materials available on record.

2.

The petitioner has been appointed as a night watchman (Ex-servicemen) on 03.11.1997. The petitioner's services have been regularized only in the year 2015 in pursuant to the earlier direction given by this Court in W.P.No.7752 of 2001 dated 23.04.2001 and not from the date of appointment i.e. 03.11.1997.

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3.

However, the petitioner has not challenged the order of regularization at any point of time. The petitioner has once again filed this Writ Petition in the same set of facts to consider his representation for regularizing his services from the date of his initial appointment. The services of the petitioner have been regularized from 15.06.2015 in view of the fact that his earlier engagement was only on consolidated pay basis and during that time, he was not given with any time scale of pay and he has been absorbed as night watchman in the regular category only in the year 2015. The petitioner without challenging the order of regularization has chosen to file this petition seeking a writ of mandamus, which itself is not maintainable.

Hence, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

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To 1.The Chairman-cum-Managing Director, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer/Personnel, TANGEDCO, Administrative Branch, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Chengalpattu, 4.The Divisional Engineer / O & M, TANGEDCO, Sriperumbudur, 5.The Executive Engineer / O & M, TANGEDCO, Thirumazhisai, 4/5

R.N.MANJULA , J.

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