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Madras High CourtWP/16392/2012disposed of

V.Elango, v. Tamilnadu Generation And

2021-03-30Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2021

CORAM

THE HON'BLE MR.JUSTICE R. SURESH KUMAR Writ Petition No.16392 of 2012 1.V.Elango 2.M.Murali Shankar 3.K.Murugesan 4.P.Tamizhselvam ...

Petitioners -Vs1.Tamilnadu Generation and Distribution Corporation Ltd., rep.by its Chief Engineer (Personnel) New No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer (P&A) Mettur Thermal Power Station Mettur Dam, Salem District.

...

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent to consider the petitioner representations dated 23.5.2011/ 24.5.2011 and given them appointment to the Post of Technical Assistant (Electrical/Mechanical) from the date on which the similar persons were given appointment to the said post during the year 2011 with all consequential benefits award costs.

For Petitioners :Mr.V.Ajoy Khose For Respondents :Mr.Karthik Rajan, Standing Counsel

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 1st respondent to consider the petitioner representations dated 23.5.2011/ 24.5.2011 and give them appointment to the Post of Technical Assistant (Electrical/Mechanical) from the date on which the similar persons were given appointment to the said post during the year 2011 with all consequential benefits.

2. These petitioners were working as Helpers in the respondent TANGEDCO and they have applied for the post of Technical Assistant (Electrical/Mechanical) as in-service candidates possessing the requisite qualification of Diploma and in this regard, they have given representations dated 23.05.2011 and 24.05.2011 to give them appointment from the date on which the similar persons were given appointment to the said post during the year 2011 with all consequential benefits.

3. Despite the representations having been given by the petitioners to the respondents to redress their grievances with regard to their appointment it seems to have been not considered and after having waited for some time, the petitioners have filed this writ petition with the aforesaid prayer.

4. Today when the case is taken up for hearing, the learned counsel for the petitioner would submit that, if at all the representations have so far not considered, a direction may be given to the respondents to consider the same and pass appropriate orders, and if such a direction is given by this Court, the petitioners would be satisfied.

5. Per contra, learned Standing Counsel appearing for the respondents would submit that, whether the representations of the year 2011 have still not been considered is yet to be ascertained. At any rate, if at all the representations have not been considered, certainly the same would be considered and if the same had already been considered, whatever the orders passed, the same would be communicated to the petitioners, if not already communicated to them.

6. I have considered the submissions made by the learned counsel for the petitioners as well as the learned Standing Counsel appearing for the respondent TANGEDCO and also perused the materials placed on record.

7. In view of the innocuous nature of the prayer as discussed above, this Court is of the view that, a direction can be given to the respondents to consider the petitioners' representations dated 23.05.2011 and 24.05.2011, if not already considered, within a time frame.

8. In the result, this writ petition is disposed of with the following order. There shall be a direction to the respondents to consider and pass orders on the representations given by the petitioners on 23.05.2011 and 24.05.2011 on merits and in accordance with law, if not already been considered and, communicate the order to the petitioners, within a period of

twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To 1.The Chief Engineer (Personnel) Tamilnadu Generation and Distribution Corporation, New No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer (P&A) Mettur Thermal Power Station Mettur Dam, Salem District.

+1 cc to Mr. V.Ajoy Khose,Advocate Sr No.21004 +1 cc to Mr. Karthik Rajan,Advocate Sr No.20931 W.P.No.16392 of 2012 30.03.2021 VSN-II(CO) RG.28.04.2021(3P/5C)