Dr.P.Shakunthala v. The Chairman Cum Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2025 CORAM :

THE HON'BLE MR. JUSTICE N.ANAND VENKATESH Review Application (Writ) No.117 of 2025 Dr.P.Shakunthala ..

Review Applicant v.

1. The Chairman cum Managing Director Tamil Nadu Electricity Generation and Distribution Corporation No.144, Anna Salai Chennai 600 002

2. The Chief Engineer (Personnel) Tamil Nadu Electricity Generation and Distribution Corporation No.144, Anna Salai Chennai 600 002

3. The Chief Engineer Hydro & Gas Turbine 2nd Floor Eastern Wing, N.P.K.R.R.Maaligai 800, Anna Salai, Chennai 600 002

4. The Superintending Engineer Generation Circle Kundah ..

Respondents

Memorandum of Grounds of Review Application filed under Order XLVII, Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 to review the order dated 17.10.2024 in W.P.No.29602 of 2024. For Review Applicant ::

Mr.S.N.Ravichandran for Mr.R.D.Ashok Kumar For Respondents ::

Mr.David Sundar Singh Standing Counsel

ORDER

This review application has been filed to review the order passed in W.P.No.29602 of 2024 dated 17.10.2024.

2. When the review application came up for hearing on 03.04.2025, this Court passed the following order:- "Mr.David Sundar Singh, learned Standing Counsel takes notice for the respondents.

2.The main ground that has been raised in the present review petition is that the petitioner wanted her services rendered as a Medical Officer on contract basis to be counted to the total service for the pensionary benefits. Even in the year 2014, a representation was made in this regard and it was under consideration and ultimately, the Superintending Engineer through a communication dated 08.03.2024 made to the Chief

Engineer, TANGEDCO, brought to the notice of the Chief Engineer regarding the representation made by the petitioner seeking for considering her contract services to be added towards the total service for pensionary benefits. 3.The learned Standing Counsel appearing on behalf of the respondents shall take instructions with respect to the subsequent development that took place pursuant to the communication made by the Superintending Engineer to the Chief Engineer, TANGEDCO dated 08.03.2024.

4.Post this review application for hearing on 05.06.2025."

3. Counter affidavit has been filed by the respondents and they have justified the rejection of the claim made by the review applicant seeking for counting of her total service during which she was engaged as a Medical Officer on contract basis.

4. It is also brought to the notice of this Court that through proceedings dated 04.07.2025, the Chief Engineer has rejected the claim made by the review applicant and has confirmed the earlier stand taken by the Department.

5. The learned counsel for review applicant also brought to the notice of this Court the order passed in W.P.No.16766 of 2020 dated 31.01.2024 and it was contended that a similar issue was considered by this Court and the writ petition was allowed.

6. Heard both sides.

7. In the considered view of this Court, it is not necessary for this Court to go into the merits of the case, since the writ petition was dismissed by this Court only on the ground of laches. At the time of dismissal, this Court was not aware of the fact that the Superintending Engineer, through the communication dated 08.03.2024 made to the Chief Engineer, brought to the notice of the Chief Engineer regarding the representation made by the review applicant. Hence the request made by the review applicant was pending during the relevant point of time and it ultimately came to be rejected by the Chief Engineer on 04.07.2025, confirming the earlier stand taken by the Department. Therefore, the writ petition ought not to have been dismissed on the ground of laches. To that extent, there is an error apparent

on the face of the order.

8. In view of the above, this review application is allowed and the order passed in W.P.No.29602 of 2024 dated 17.10.2024 is hereby recalled and the writ petition is restored on file for hearing on merits. No costs. Index : yes/no 21.08.2025 ss To

1. The Chairman cum Managing Director Tamil Nadu Electricity Generation and Distribution Corporation No.144, Anna Salai Chennai 600 002

2. The Chief Engineer (Personnel) Tamil Nadu Electricity Generation and Distribution Corporation No.144, Anna Salai Chennai 600 002

3. The Chief Engineer Hydro & Gas Turbine 2nd Floor Eastern Wing, N.P.K.R.R.Maaligai 800, Anna Salai, Chennai 600 002

4. The Superintending Engineer Generation Circle Kundah

N.ANAND VENKATESH,J.

ss 21.08.2025