Madras High CourtWP/33073/2013closed

T.G.Vittal Rao v. Tamilnadu Generation And

2024-02-29Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.No.2 of 2013 T.G.Vittal Rao ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Limited Rep.by its Chairman and Managing Director NPKRR Maligai, 144, Anna Salai Chennai - 02.

2.The Secretary, TANGEDCO Ltd., 9th Floor, NPKRR Maligai 144, Anna Salai Chennai - 02.

3.Chief Engineer (Personnel) TANGEDCO Ltd., NPKRR Maligai 144, Anna Salai Chennai - 02.

4.Chief Engineer (i/c) Mettur Dam - 06 Salem.

5.The Superintending Engineer Mettur Dam - 06.

6.The Stores Controller Mettur Dam - 06.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records pertaining to the orders passed by the 2nd respondent bearing Letter No.75009/A18/A181/2012-1, dated 09.01.2013 and the consequential orders of the 5th respondent viz., ku.Aa.No.Me.Pa.Po/Ko(ma)nir/Nipi 5/003 Thani/2013 dated 11.02.2013 and memo No.002783/064/Nipi.1(4)/Ko.Koo.Po/2013 dated 22.02.2013 and quash the same.

For Petitioner : Mr.K.Krishnamoorthy

O R D E R

This Writ Petition challenges the order dated 22.02.2013 in and by which, the additional charge allowance which was granted to the petitioner was sought to be recovered.

2. The Writ Petition is filed on the ground that when the payment has

been made for no fault of the petitioner. Hence, on the principles laid down by the Hon'ble Supreme Court of India in the case of State of Punjab Vs. Rafiq Masih1, interim order was granted in favour of the petitioner, by this Court.

3. Now, pending Writ Petition, the petitioner passed away. The amount was not recovered from him throughout his lifetime. The above said facts are recorded.

4. In view of the settled proposition held in Rafiq Masih's case (cited supra), this Writ Petition stands closed. No costs. Consequently connected miscellaneous petition is closed.

29.02.2024 Jer Index:No Speaking Order: No AIR 2015 SC 696

To 1.The Chairman and Managing Director Tamil Nadu Generation and Distribution Corporation Limited NPKRR Maligai, 144, Anna Salai Chennai - 02.