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Madras High CourtWP/22938/2015disposed of

N. Thangavel, v. The Chairman,

2015-07-29Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2015

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.22938 of 2015 N.Thangavel ... Petitioner vs.

1.The Chairman, TANGEDCO (formerly TNEB) Anna Salai, Chennai -2.

2.The Chief Engineer Personnel, TANGEDCO, Anna Salai, Chennai -2.

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

... Respondents Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, to direct the respondent Board to treat that the petitioner joined in the service of the respondent Board from the date of joining as contract labour i.e, on 02.01.1987 for the purpose of terminal benefits and grant pension purpose and consequently direct the respondents to pay the terminal benefits and grant pension.

For Petitioner : Mr.B.Manoharan For Respondents : Mr.P.R.Dhilip Kumar

O R D E R

The petitioner joined as Contract Labour in the respondent Board on 02.01.1987. His services were regularised on 28.01.2008. He retired from service on 31.07.2014.

2. According to the petitioner, he is entitled to pension by counting 50% of the service from 02.01.1987 to 28.01.2008, in the light of the judgment, dated 09.09.2014 made in W.P.No.23101 of https://hcservices.ecourts.gov.in/hcservices/

2012. In this regard, the petitioner has made a representation, dated 20.04.2015 to respondents 1 and 2. However, there is no acknowledgment for the said representation.

3. In these circumstances, the writ petition is disposed of by permitting the petitioner to make a fresh representation, seeking terminal benefits by counting 50% of the service, enclosing a copy of this order along with judgment, dated 09.09.2014 made in W.P.No.23101 of 2012, and on receipt of such representation, respondents 1 and 2 are directed to dispose of the same, in the light of the facts set out above, within a period of 12 weeks from the date of receipt of such representation. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar svki To 1.The Chairman, TANGEDCO (formerly TNEB) Anna Salai, Chennai -2.

2.The Chief Engineer Personnel, TANGEDCO, Anna Salai, Chennai -2.

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

+1cc to Mr.B.Manoharan, Advocate, S.R.No.38758 +1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.38690 W.P.No.22938 of 2015 KU(CO) CA(17/08/2015) https://hcservices.ecourts.gov.in/hcservices/