M.Thulasimani,W/O.Thirumoorthy v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.23753 of 2018 M.Thulasimani .. Petitioner Vs
1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Annasalai, Chennai 600 002.
2. The Chief Enginer, (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 636 401 .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents to pass orders on the representation of the petitioners dated 17.08.2018 in the light of the order passed in Memo No.081451/1310/G42/G422/2017-1 dated 28.09.2017 on the file of the 2nd respondent and to repost the petitioner in the existing vacancy as Full Time Regular Employee with all attendant benefits instead of part time conservancy workers. For Petitioner : Mr.V.Elangovan 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 respondents to pass orders on the representation of the petitioner's dated 17.08.2018 in the light of the order passed in Memo No.081451/1310/G42/G422/2017-1 dated 28.09.2017 on the file of the 2nd respondent and to repost the petitioner in the existing vacancy as Full Time Regular Employee with all attendant benefits instead of part time conservancy workers.
2. At the outset, the learned counsel appearing for the petitioner submits that, in respect of the similar issue, the petitioners who were similarly placed as that of the petitioner herein approached this Court by way of filing WP 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 WP 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.Dhilip Kumar, learned standing counsel for the respondents has no objection in following the order, dated 09.01.2014, passed in WP 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 WP No.25423 and 25433 of 2013, this Court is of the view that the present writ petition 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 petitioner's representation, dated 27.07.2018 and to pass orders on merits and in accordance with law, within eight weeks from the date of receipt of copy of this order. It is needless to say that while considering the request of the petitioner, the first respondent shall take into account of the similar benefits given to the other employees as claimed by the petitioner herein. No costs.
11.09.2018 rka Index : Yes/No Internet : Yes/No SATRUGHANA PUJAHARI.,J rka To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Annasalai, Chennai 600 002.
2. The Chief Enginer, (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 636 401 WP.23753 of 2018
11.09.2018