P.Rajendran v. The Tamilnadu Generation And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 1.2.2022
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.12591 of 2012 and M.P.No.1 of 2012 1.P.Rajendran ...Petitioner Vs.
1.The Tamilnadu generation and Distribution Corporation ltd. Rep. by its Chairman cum Managing Director, 144 Anna Salai Chennai-2.
2.The Chief Engineer (Personnel), The Tamilnadu Generation & Distribution Corporation Ltd., 144 Anna Salai Chennai-2.
3.The Superintending Engineer, Salem Electricity Distribution Circle The Tamilnadu Generation & Distribution Corporation Ltd., Salem-636 014.
...Respondents
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to implement the Appointment and Posting Order bearing Memo No.027453/744/Adm.I/A.2/F.IA/2009 dt. 11.11.2010 on the file of the 3rd respondent in respect of him also permit him to work in the promotional post of inspector of Assessment at the Office of the AE/O&E/Vellalapatti and give all the consequential benefits including seniority increment arrears of salary etc. with effect from 11.11.2010.
For Petitioner : Mr.T.M.Naveen For Respondents : Mr.P.Subramanian Standing Counsel
O R D E R
According to the counsel appearing for the petitioner, the instant writ petition is filed to implement the appointment order dated 11.11.2010 and permit him to work in the promotional post viz., Inspector of Assessment. Subsequent to the interim order, the petitioner was permitted to join in the promotional post of the Inspector of Assessment. Subsequently, the petitioner filed M.P.No.1 of 2014 to consider him for promotion to the next higher post viz., Revenue Supervisor by virtue of order dated 17.2.2015. This Court granted interim direction, directing the respondent to consider the petitioner along with other Inspector of Assessment to the post of Revenue Supervisor and the petitioner was fully eligible for the promotional post. Pursuant to the said order, the petitioner was promoted to the post of Revenue Supervisor. Therefore, the prayer as sought for in the writ petition got implemented. It is further stated by the counsel appearing for the petitioner, the respondent has not fixed pay in the promotional post to settle the arrears to the petitioner.
2. The learned Standing counsel appearing for the petitioner raised objection in respect of pay fixation by stating that the petitioner has to make representation to the respondent and the same will be considered by the respondent and pass orders.
3. In view of the said statement made by the learned Standing counsel appearing for the respondents, the petitioner is directed to make representation to the respondent within a period of two weeks from the date of receipt of copy of the order. On such representation being made, the respondent is directed to consider the same and pass appropriate orders on merit and in accordance with law, as expeditiously as possible preferably within a period of 12 weeks thereafter.
4. The writ petition is disposed of with the above directions. No costs. Connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar vaan
To 1.The Chairman cum Managing Director, The Tamilnadu generation and Distribution Corporation ltd. 144 Anna Salai Chennai-2.
2.The Chief Engineer (Personnel), The Tamilnadu Generation & Distribution Corporation Ltd., 144 Anna Salai Chennai-2.
3.The Superintending Engineer, Salem Electricity Distribution Circle The Tamilnadu Generation & Distribution Corporation Ltd., Salem-636 014.
+1cc to Mr.P.Subramanian, Advocate SR. No.6523 W.P.No.12591 of 2012 and M.P.No.1 of 2012 GPL (CO) PR (11/02/2022)