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Madras High CourtWP/3508/2016dismissed for nonprosecution

A.Mathivanan v. The Chairman And Managing

2023-01-09Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.Nos.2859 to 2861 of 2016 A.Mathivanan ... Petitioner Vs.

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai 600 002.

2. Tamil Nadu Generation and Distribution Corporation Ltd., Rep. by its Secretary, No.144, Anna Salai, Chennai 600 002.

3. Chief Internal Audit Officer, Audit Branch, Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai 600 002.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Memo mo.(per) No.20233/A3/A32/2006-24 (Secretariat Branch) dated 03.04.2010 passed by the 2nd respondent and quash the same to the extent of giving retrospective effect and consequently direct 1/4

the respondents to grant promotion and other service benefits to the petitioner.

For Petitioner : M/s.S.Meenakshi For Respondents : Mr.K.Rajkumar

ORDER

The petitioner challenges the order dated 03.04.2010, passed by the second respondent, ordering not to consider one year B.Com degree course under Distance Education mode for incentive increment and promotion, to the extent of giving retrospective effect to the said order.

2. Learned counsel for the petitioner submits that he has no instructions in this matter to proceed further.

3. This Court is of the view that merely because the petitioner is qualified to be promoted to the further post, he cannot, as a matter of right, claim such promotion. However, by taking into account the fact that the petitioner has not instructed his counsel to get along with the case any further, the writ petition stands dismissed for non-prosecution. However, 2/4

in case the petitioner is later of the view that he intends to proceed with the writ petition, he is at liberty to seek review of the order within a period of thirty days from the date of receipt of a copy of this order. Connected miscellaneous petitions are closed.

09.01.2023 2/2 Speaking/Non-speaking order Index: Yes/No Internet: Yes/No sr To

1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai 600 002.

2. The Secretary,, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai 600 002.

3. The Chief Internal Audit Officer, Audit Branch, Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai 600 002.

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M.S.RAMESH,J.

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