M.Prabu v. The Chief Engineer/Personnel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2018
CORAM:
THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.28378 of 2008 and M.P.No.1 of 2008 M.Prabu ... Petitioner Vs.
1.The Chief Engineer/Personnel, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Salem Electricity Board Distribution Circle, T.N.E.B., Salem-14.
3.The Superintending Engineer, Namakkal Electricity Board Distribution Circle, T.N.E.B., Namakkal.
4.The Executive Engineer, (O & M), Salem Electricity Distribution Circle, South Division, T.N.E.B., Salem-2.
5.The Assistant Engineer, (C & I) Salem Electricity Distribution Circle, South Division, T.N.E.B., Salem-2.
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondent impugned order made in Ku.No.018430/3781/Ni.pi.2/Uu4/Ka5/08 dated 20.11.2008 and the consequential impugned order made in Ka.No./AE/O & M/South, Salem/Lr.No./WE/No.173 dated 25.11.2008 issued by the 5th respondent and to quash the same and to direct the 1st and 2nd respondents to retain the petitioner's service in T.N.E.B., at the 2nd respondent circle.
For Petitioner : Mr.G.Ananda Kumar For Respondents : Mr.P.R.Dhilip Kumar
O R D E R
The relief sought for in this writ petition is to call for the records of the 2nd respondent in Ku.No.018430/3781/Ni.pi.2/Uu4/Ka5/08 dated 20.11.2008 and the consequential order in Ka.No./AE/O & M/South, Salem/Lr.No./WE/No.173 dated 25.11.2008 issued by the 5th respondent and to quash the same and to direct the 1st and 2nd respondents to retain the petitioner's service in T.N.E.B., at the 2nd respondent circle.
2.The petitioner was appointed as Helper Trainee on compassionate ground on 11.08.2008 by the fourth respondent with the sixth respondent. The petitioner joined service on 21.08.2008. On 20.08.2008, the second respondent terminated the petitioner from service and directed the petitioner to collect his documents on 25.08.2008. He was relived from the service.
3.The petitioner thereafter filed the present writ petition and obtained interim order from this Court on 28.11.2008. Pursuant to the interim order, the petitioner has been continued in the service and it is almost close to 10 years he has been serving. The petitioner has served more than ten years after interim order was passed. The respondents are therefore directed to absorb the petitioner as per the Regulation Rule 31 of TNEB Service Regulation together with attendant benefit.
4.The above writ petition is disposed with the above observations.
No costs.
Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS v) //True Copy// Sub Assistant Registrar ia To 1.The Chief Engineer/Personnel, Tamilnadu Electricity Board, 144, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Salem Electricity Board Distribution Circle, T.N.E.B., Salem-14.
3.The Superintending Engineer, Namakkal Electricity Board Distribution Circle, T.N.E.B., Namakkal.
4.The Executive Engineer, (O & M), Salem Electricity Distribution Circle, South Division, T.N.E.B., Salem-2.
5.The Assistant Engineer, (C & I) Salem Electricity Distribution Circle, South Division, T.N.E.B., Salem-2.
+1cc to Mr.P.R.Dhilip Kumar , Advocate SR.No. 69599 W.P.No.28378 of 2008 ASK(14/11/2018)