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Madras High CourtWP/2017/2015disposed of

M.Kalyanasundaram, B.Com., v. The Tamil Nadu Generation And

2015-03-11Honourable Mr Justice K.K. Sasidharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.03.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN W.P. No.2017 of 2015 M.Kalyanasundram .. Petitioner vs.

1.The Tamil Nadu Generation and Distribution Corporation Ltd., rep by its Chairman No.144, Anna Salai, Chennai 2.

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

3.The Superintending Engineer TANGEDCO Ltd., Namakkal Electricity Distribution Circle Namakkal.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of mandamus directing the 1st respondent to consider and pass orders on the appeal of the petitioner dated 01.08.2014, filed against the order of rejection of claim of the petitioner passed by the 2nd respondent vide letter No.013080/35/G29/G292/14, dated 28.03.2014, with regard to refixation of seniority and promotion of the petitioner on part with C.Kumaravel (Sr.No.802, Seniority No.2054) in the panel of promotion to the post of Accounts Supervisor with consequential benefits vide Memo No.019774/67/G29/G292/2006-8, dated 26.12.2006, in the appropriate place.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.P.R.Dhilip Kumar

O R D E R

The petitioner is presently working as Accounts Supervisor in Tamil Nadu Generation and Distribution Corporation Ltd., [hereinafter

referred to as TANGEDCO]. The petitioner submitted a representation on 21.02.2011 requesting TANGEDCO to re-fix the seniority on par with his junior. Since such representation was not considered, the petitioner filed a writ petition before this Court in W.P.No.32572 of 2013. The second respondent, pursuant to the said order, considered the issue and ultimately rejected the claim made by the petitioner. The order dated 28.03.2014 on the file of the second respondent was challenged before the first respondent. The first respondent is now seized of the matter. The present prayer is to direct the first respondent to consider the appeal on merits.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for TANGEDCO.

3. The first respondent is directed to consider and dispose of the appeal filed by the petitioner on 01.08.2014 on merits and in the light of relevant Regulations. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar gms To 1.The Chairman Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai 2.

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

3.The Superintending Engineer TANGEDCO Ltd., Namakkal Electricity Distribution Circle Namakkal.

W.P.No.2017 of 2015 RSK(CO) DRL :20/03/2015