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Madras High CourtWP/1264/2014disposed of

K.Ananthakrishnan v. The Superintending Engineer

2015-03-20Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.1264 of 2014 and M.P.No.1 of 2014 K.Ananthakrishnan

...Petitioner

Vs.

1.The Superintending Engineer SE Generation Circle,Kunda, Nilgiris District. 2.The Chief Engineer/Personnel TANGEDCO, NPKRR Maaligai, TNEB Complex, 144, Anna Salai, Chennai - 600 002.

3.The Assistant Engineer, Power House I, Kunda Power House, Manjur, Nilgiris District.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, directing the respondents to promote the petitioner retrospectively to the post of Electrician on par with his juniors with effect from 04.02.2012. For Petitioner : Mr.M.Vijayakumar For Respondents : No appearance

O R D E R

The petitioner joined service as Helper in TANGEDCO. The next avenue of promotion is to the post of Wireman. The name of the petitioner was not considered for promotion on the ground that a criminal case was pending against him. According to the petitioner, his juniors were all promoted to the post of Electrician. Subsequently, the Criminal Court acquitted him by judgment dated 16.08.2011.

2. Thereafter, the petitioner was promoted to the post of Wireman by order dated 07.12.2012. However, promotion was given only with effect from the date of the said order. The petitioner submitted application requesting the respondents to promote him from the date on which his juniors were promoted. The petitioner wanted further promotion to the post of Electrician. https://hcservices.ecourts.gov.in/hcservices/

3. The petitioner is given liberty to submit a comprehensive representation to the second respondent to consider his case for promotion taking into account the date on which his juniors were promoted to the post of Wireman.

While considering the representation, the second respondent should necessarily take into account the acquittal of the petitioner by judgment dated 16.08.2011.

4. The second respondent is directed to consider the representation and pass appropriate orders within a period of three months from the date of receipt of representation.

5. The writ petition is disposed of with the above direction. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintending Engineer SE Generation Circle,Kunda, Nilgiris District. 2.The Chief Engineer/Personnel TANGEDCO, NPKRR Maaligai, TNEB Complex, 144, Anna Salai, Chennai - 600 002.

3.The Assistant Engineer, Power House I, Kunda Power House, Manjur, Nilgiris District.

1 cc to Mr.M.Vijayakumar ,Advocate, SR.No.15999 W.P.No.1264 of 2014 ctk(co) pmk.10.4.2015 https://hcservices.ecourts.gov.in/hcservices/