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Madras High CourtWP/20609/2012disposed of

N.Balamurugan, v. The Chief Engineer,(Personnel)

2018-07-26Honourable Mr Justice V. Parthiban2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 25.06.2018 Delivered on : 26.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.PARTHIBAN W.P.No.20609 of 2012 and M.P.No.1 of 2012 N.Balamurugan ... Petitioner Vs The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Limited, (Formerly known as Tamil Nadu Electricity Board), No.144, Anna Salai, Chennai 600 002.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to direct the respondent to consider the petitioner's representations dated 10.11.2011 and 11.07.2012 and to give him absorption and appointment forthwith as Helper by giving preference based on the apprenticeship training which he has joined in the respondent Board prior to 13.09.1988 and also in terms of the earlier order dated 18.01.1995 in W.P.No.21168 of 1994 and as given to other similarly placed persons like the petitioner.

For Petitioner : Mr.V.Ajoy Khose for Mr.R.Krishnaswamy For Respondent : Mr.P.R.Dhilip Kumar

O R D E R

Heard Mr.V.Ajoy Khose, learned counsel for the petitioner and Mr.P.R.Dhilip Kumar, learned counsel appearing for the respondent.

2. The petitioner has approached this Court, seeking the following relief:- "To issue a writ of Mandamus, to direct the respondent to consider the petitioner's https://hcservices.ecourts.gov.in/hcservices/

representations dated 10.11.2011 and 11.07.2012 and to give him absorption and appointment forthwith as Helper by giving preference based on the apprenticeship training which he has joined in the respondent Board prior to 13.09.1988 and also in terms of the earlier order dated 18.01.1995 in W.P.No.21168 of 1994 and as given to other similarly placed persons like the petitioner."

3. From the materials and pleadings placed on record, it is seen that the petitioner had undergone training way back in 1988 and on the basis of which, he seeks preferential right for absorption in the service of the Board. As on date, the petitioner is 58 years old and attained the age of superannuation.

4. This Court is of the view that such belated claim by the petitioner cannot be entertained at this distance of time. This Court does not see any scope for entertaining this writ petition and cannot grant the relief as prayed for in the writ petition in the teeth of the fact that the petitioner has attained the age of superannuation, as on date.

5. Therefore, the writ petition is liable to be dismissed and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS v) //True Copy// Sub Assistant Registrar gsk To The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution Corporation Limited, (Formerly known as Tamil Nadu Electricity Board), No.144, Anna Salai, Chennai 600 002.

Pre-delivery order in W.P.No.20609 of 2012 ASK(07/09/2018) https://hcservices.ecourts.gov.in/hcservices/