The Tamil Nadu Electricity Board v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.11.2022 Coram:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.Nos.10833 and 10835 of 2022 -- The Tamil Nadu Electricity Board Retired Pensioner's Welfare Organisation, Rep. by its General Secretary, No.27, Mosque Street, Chepauk, Chennai-600 005.
.. Petitioner Vs.
1. The State of Tamil Nadu, Rep. by its Principal Secretary, Secretariat, Fort St.George, Chennai-600 009.
2. The Chairman-cum-Managing Director, TANGEDCO, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.
3. The Secretary, TANGEDCO, Secretariat Branch, 800, Anna Salai, Chennai-600 002.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari to call for the records in (Per).FB TANGEDCO Proceedings No.2, dated 12.04.2022 passed by the third respondent and quash the same.
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For petitioner : M/s.V.Pushpa For respondents: Mr.L.S.M.Hasan Fizal, Addl.G.P.for R-1 Mr.P.Subramanian, Standing Counsel for RR-2 & 3
ORDER
This Writ Petition has been filed challenging (Per.)FB.TANGEDCO Proceedings No.2, dated 12.04.2022 on the ground that it will be detrimental to the retired pensioners who are getting pension from TANGEDCO. The petitionerorganisation represents the interest of the retired pensioners. It is now brought to the notice of this Court by the learned Standing Counsel appearing for the respondents 2 and 3 that recommendation has been sent by the TANGEDCO to the first respondent on 20.10.2022 requesting for grant of approval for withdrawal of the B.P./impugned proceedings, namely (Per.)F.B.TANGEDCO Proceedings No.2, dated 12.04.2022. The TANGEDCO has already passed a Resolution to that effect, as seen from the recommendation letter dated 20.10.2022, which is placed on record before this Court.
The first respondent is yet to pass final orders on the recommendation made by the TANGEDCO on 20.10.2022, requesting for approval of withdrawal of the impugned proceedings, dated 12.04.2022.
TANGEDCO has already sent their proposal to the first respondent (Government) for their approval, this Court deems it fit to direct the first respondent to pass final orders based on the TANGEDCO's recommendation dated 20.10.2022 seeking for withdrawal of the impugned proceedings, dated 12.04.2022, within a time frame to be fixed by this Court. Hence, this Writ Petition is disposed of by directing the first respondent to pass final orders based on the TANGEDCO's recommendation letter dated 20.10.2022 in Letter No.38380/A18/A182/2022-2, seeking for approval of their Resolution under which they have already agreed upon to withdraw the impugned proceedings dated 12.04.2022 in (Per).F.B.TANGEDCO Proceedings No.2 FB, dated 12.04.2022, within a period of 12 weeks from the date of receipt of a copy of this order. With this direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, W.M.Ps. are closed.
17.11.2022 Speaking Order: Yes/no cs To 3 / 5
1. The State of Tamil Nadu, Rep. by its Principal Secretary, Secretariat, Fort St.George, Chennai-600 009.
2. The Chairman-cum-Managing Director, TANGEDCO, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-600 002.
3. The Secretary, TANGEDCO, Secretariat Branch, 800, Anna Salai, Chennai-600 002.
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ABDUL QUDDHOSE, J cs 17.11.2022 5 / 5