P.Kandasamy v. Tamil Nadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :18.03.2024 CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.Nos.7706 & 7707 of 2024 P.Kandasamy
...Petitioner
-Vs1.Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO Ltd.) rep. By its Chairman cum Managing Director No.144, Anna Salai, Chennai - 2 2.The Chief Engineer/Personnel Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 2 3.The Chief Engineer Distribution Tamil Nadu Generation and Distribution Corporation Ltd., Erode Region, No.948 E.V.N.Road, Erode - 9.
4.N.Rajesh
...Respondents
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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the 2nd and 3rd respondents in connection with the charge memo issued bythe 3rd respondent vide Ku.Yen.017680/1029/Ni.Pi.2/UDAVI.1/KO.O.N/202043 dated 07.10.2021 (Memo No.017680/1029/Adm.2/Asst.1/F.DP/2020-43, dated 07.10.2021) and the cancellation of appointment order issued by the 2nd respondent vide Memo No.16306/G17/G172/2023, dated 05.08.2023 and quash the same and direct the respondent to permit the petitioner to join as Assistant Engineers (Electrical) in the allotted place, award cost. For petitioner : Mr.R.Muralikrishnan For respondents 1 to 3 : Mr.K.Rajkumar Standing Counsel
ORDER
This writ petition has been filed challenging the charge memo issued by the 3rd respondent vide Ku.Yen.017680/1029/Ni.Pi.2/UDAVI.1/KO.O.N/2020-43 dated 07.10.2021 (Memo No.017680/1029/Adm.2/Asst.1/F.DP/2020-43, dated 07.10.2021) and the cancellation of appointment order issued by the 2nd respondent vide Memo No.16306/G17/G172/2023, dated 05.08.2023 and quash the same and direct the respondent to permit the petitioner to join as Assistant Engineers (Electrical) in the allotted place, award cost. 2/4
2. On perusal of the records revealed that already the petitioner preferred appeal as against the impugned order before the first respondent on 12.01.2024 and the same was pending. Therefore, the petitioner cannot seek simultaneous remedy before the Appellate Authority as well as before this Court.
3. Therefore, this court directed the first respondent to consider the appeal filed by the petitioner dated 12.01.2024 and after giving opportunity for hearing to the petitioner and dispose the same on merits in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.
4. This writ petition is devoid of merits and liable to be dismissed. Accordingly, this Writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 18.03.2024 Index : Yes/No Speaking/Non-speaking order gvn 3/4
G.K.ILANTHIRAIYAN,J.
gvn To 1.Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO Ltd.) rep. By its Chairman cum Managing Director No.144, Anna Salai, Chennai - 2 2.The Chief Engineer/Personnel Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 2 3.The Chief Engineer Distribution Tamil Nadu Generation and Distribution Corporation Ltd., Erode Region, No.948 E.V.N.Road, Erode - 9.
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