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Madras High CourtWP/17797/2012disposed of

M.Subramanian v. The Chairman

2022-02-02Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR M.Subramanian ..

Petitioner vs.

1.The Chairman, Tamilnadu Electricity Generation and Distribution Corpn. Ltd., N.P.K.R.R. Maligai, 144, Annasalai, Chennai.

2.The Chief Engineer (Personnel), Tamilnadu Electricity Generation and Distribution Corpn. Ltd., N.P.K.R.R. Maligai, 144, Annasalai, Chennai.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to confer notional seniority for the petitioner from 02.01.2001, being the date on which the Deputy Chief Inspector of Factories conferred permanent status for the petitioner and thereby grant all consequential monetary and other benefits to the petitioner.

For Petitioner : Mr.N.Suresh For Respondents : Mr.Haroon AL. Raseed, Standing Counsel for TNEB

O R D E R

The prayer in the writ petition is for a Mandamus directing the respondents to confer notional seniority to the petitioner from 02.01.2001, being the date on which the Deputy Chief Inspector of Factories conferred permanent status for the petitioner and thereby grant all consequential monetary and other benefits to the petitioner.

2. Mr.Haroon AL.Raseed, learned Standing Counsel for the respondents would submit that the issue involved in the instant case has already been decided by this Court and the matter went upto the Hon'ble Supreme Court in SLP(C)Nos.19911 - 19912 of 2008 dated 06.04.2010 and the said order has become final.

3. However, Mr.N.Suresh, learned counsel for the petitioner would submit that the issued decided in the aforesaid Special Leave Petitions has nothing to do with the present writ petition and would add that it would be suffice, if the representation of the petitioner is considered by the respondents.

4. This Court is of the view that it is for the respondents authority to examine the representation of the petitioner dated 16.06.2012 and take appropriate decision as to whether the decision of the Hon'ble Supreme Court in SLP(C)No.19911 - 19912 of 2008 dated 06.04.2010 is binding on the present case.

5. Therefore, without going into the said aspect, this Court directs the second respondent to consider the petitioner's representation dated 16.06.2012 and pass appropriate orders in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall also furnish additional particulars, if any, to the second respondent within a period of one week from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of. No costs. 02.02.2022 Index : Yes / No Internet : Yes / No Jvm D.KRISHNAKUMAR. J

Jvm To 1.The Chairman, Tamilnadu Electricity Generation and Distribution Corpn. Ltd., N.P.K.R.R. Maligai, 144, Annasalai, Chennai.

2.The Chief Engineer (Personnel), Tamilnadu Electricity Generation and Distribution Corpn. Ltd., N.P.K.R.R. Maligai, 144, Annasalai, Chennai.

02.02.2022