K.Gajendran v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.5141 of 2020 K.Gajendran ..Petitioner .v.

1.The Chairman, Tamil Nadu Electricity Board/ TANGEDCO 144, Anan Salai, Chennai 600 002.

2.The Superintending Engineer, CEDC South-1/TANGEDCO, K.K.Nagar, Chennai 600 078.

3.The Chief Engineer/Personal, 8th Floor, TNEB Complex (TANGEDCO), Anna Salai, Chennai 600 002.

...Respondents

Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to regularise the petitioner's service and further pay entire monitory benefits, as per Rulings 9, r/w Rule 57(B) of the Tamil Nadu Electricity Board Service Regulations.

For Petitioner : Mr.Vijayan Subramanian For Respondents : Mr.P.R.Dhilip Kumar Standing Counsel

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the 2nd respondent to regularise the service of the petitioner with all monetary benefits.

2.The case of the petitioner is that he joined the respondent Electricity Board as Helper in the year 1989. In the year 2007, the petitioner was promoted to the post of Junior Engineer - Grade I. A criminal case came to be registered against the petitioner and another for an offence under the Prevention of Corruption Act. The petitioner was arrested and remanded to judicial custody and consequent to the same, an order of suspension came to be passed against the petitioner on 27.02.2009. The final report was filed in the criminal case and the trial also commenced in the criminal case. 3.According to the petitioner, the criminal case ultimately ended in an acquittal by judgment dated 01.11.2019, on the file of the learned Sub Judge and Chief Judicial Magistrate, Tiruvallur.

Thereafter, the petitioner made a representation to the 2nd respondent seeking for regularisation of the suspension period and for other consequential benefits. Since the same was not considered, the present writ petition has been filed before this Court. The petitioner is also placing reliance upon Rulings 9 r/w Rule 57(B) of the Tamil Nadu Electricity Board Service Regulations in order to make this claim.

4. Heard Mr.Vijayan Subramanian, learned counsel appearing for the petitioner and Mr.P.R.Dhilip Kumar, learned Standing Counsel appearing on behalf of the respondents. 5.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 06.01.2020, in line with the service regulations and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CO)MDU //True Copy// Sub Assistant Registrar KP

To 1.The Chairman, Tamil Nadu Electricity Board/ TANGEDCO 144, Anan Salai, Chennai 600 002.

2.The Superintending Engineer, CEDC South-1/TANGEDCO, K.K.Nagar, Chennai 600 078.

3.The Chief Engineer/Personal, 8th Floor, TNEB Complex (TANGEDCO), Anna Salai, Chennai 600 002.

+1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.17998 +1cc to Mr.Vijayansubranabian, Advocate, S.R.No.18885 W.P.No.5141 of 2020 GJ(CO) KKV/21/07/2020