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Madras High CourtWP/21782/2018disposed of

L.Madhu,W/O.Lakshmanan v. The Chairman,Tamilnadu

2018-08-27Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.08.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari WP No.21782 of 2018 and W.M.P.No.25552 of 2018 1.L.Madhu 2.S.Pachiammal

3. N.Mariyammal

4. K.Mohanambal

5. M.Kamala ..Petitioners Vs.

1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.

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

3. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Mettur Dam, Salem District.

..Respondents Prayer :

Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing 1st and 2nd respondents to pass orders on the representation of the petitioners dated 27.07.2018, in the light of the order passed in Memo No.081451/1310/G422/2017-1, dated 28.09.2017, on the file of the second respondent and to repost the petitioners in the existing vacancy as full time regular employee with all attendant benefits instead of Part Time Conservancy Workers.

For Petitioners : Mr.S.Doraisamy For Respondents : Mr. P.R.Dhilip Kumar Standing Counsel

ORDER

The prayer in the Writ Petition is for issuance of Writ in the nature of Mandamus directing the second respondent to pass orders on the representation of the petitioners dated 27.07.2018, in the light of the order passed in Memo dated 28.09.2017, on the file of the second respondent and to repost the petitioners in the existing vacancy as full time regular employees with all attendant benefits instead of Part Time Conservancy Workers.

2.

At the outset, the learned counsel appearing for the petitioners submits that, in respect of the similar issue, the petitioners, who were similarly placed as that of the petitioners herein approached this Court by way of filing W.P.Nos.25432 and 25433 of 2013, and those Writ Petitions were disposed of by this Court, vide order, dated 09.01.2014. The photocopy of such order passed in W.P.No.25423 and 25433 of 2013 is also annexed in this writ petition in the form of typed-set of papers at Page No.17, for reference of this Court. Therefore, the learned counsel prays that in view of the orders passed earlier by this Court in regard to an identical issue, similar order could be passed in the present Writ Petitions as well.

3. Mr.P.R.Dhilipkumar, the learned Standing Counsel for the respondents has no objection in following the order, dated 09.01.2014, passed in W.P.No.25423 and 25433 of 2013.

4. Thus, in the light of the earlier order passed by this Court, vide its order, dated 09.01.2014 in W.P.No.25423 and 25433 of 2013, this Court is of the view that the present Writ Petitions could also be disposed of on the same lines. Accordingly, the Writ Petition stands disposed of, with a direction to the second respondent/(TANGEDCO) to consider the petitioners' representation, dated 27.07.2018 and to pass orders on merits and in accordance law within eight weeks from the date of receipt of a copy of this order. It is needless to say that while considering the request of the petitioners, the first respondent shall take into account of the similar benefits given to the other employees as claimed by the petitioners herein. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

s/d- Assistant Registrar(CS IX) True Copy Sub-Assistant Registrar

To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.

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

3. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Mettur Dam, Salem District.

+1 CC to Mr.P.R. Dhilip Kumar, Advocate sr 58763. +1 CC to Mr.S. Duraisamy, Advocate sr 58439.

WP No.21782 of 2018 SP(04/09/2018)