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Madras High CourtWP/27492/2015disposed of

S. Mangayarkarasi v. The Chairman Cum Managing

2015-09-02Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02-09-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.27492 of 2015 and M.P.Nos.1 and 2 of 2015 S.Mangayarkarasi .. Petitioner vs 1.The Chairman cum Managing Director 144, Anna Salai, Chennai 600 002 2.The Chief Engineer/Personnel 144, Anna Salai, Chennai 600 002 3.The Superintending Engineer Tamil Nadu Generation and Distribution Tirupur Electricity Distribution Circle Tirupur 4.The Executive Engineer Tirupur Electricity Distribution Circle Tirupur .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the entire records pursuant to the order in (Per.) CMD TANGEDCO Proceedings No.183 dated 25.8.2015, on the file of the second respondent, and quashing only the portion of Annexure II not selecting the petitioner for promotion to the post of Accounts Officer and consequently, directing the second respondent to include the name of the petitioner in Annexure I based on her seniority in the suitability report in Letter No.002528/21/G30/G301/2015-3 dated 13.7.2015.

For Petitioner : Mr.G.B.Saravanabhavan For Respondents: Mr.P.R.Dhilipkumar

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that at present, she is working as an Assistant Accounts Officer in Tirupur Electricity Distribution Circle and was visited with a Disciplinary Proceeding, which ended in the order of punishment dated 16.7.2015, in and by which, postponement of increment for a period of three months without cumulative effect was imposed.

3.The grievance expressed by the petitioner, is that on account of the infliction of the said punishment, her name was not included in the panel for promotion to the post of Accounts Officer in Class II Service and therefore, she came forward to file this writ petition.

4.The learned Counsel appearing for the petitioner, on instructions, would submit that admittedly, the currency of punishment is still in operation, against the petitioner and she has preferred a departmental appeal to the Chief Engineer, TANGEDCO, Coimbatore Circle, Tatabad, Coimbatore and it may be ordered to be disposed of at an early date.

5.The Court heard the submissions of Mr.P.R.Dhilipkumar, learned Standing Counsel, who accepted notice on behalf of the respondents, also.

6.Though the petitioner prayed for a larger relief, this Court, in the light of the submissions made by the learned Counsel appearing for the petitioner, on instructions, directs the Chief Engineer, TANGEDCO, Coimbatore Circle, Tatabad, Coimbatore, to consider the petitioner's departmental appeal dated 10.8.2015, on merits and in accordance with law and pass orders within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:

1.The Chairman cum Managing Director 144, Anna Salai, Chennai 600 002.

2.The Chief Engineer/Personnel 144, Anna Salai, Chennai 600 002

3.The Superintending Engineer Tamil Nadu Generation and Distribution Tirupur Electricity Distribution Circle Tirupur.

4.The Executive Engineer Tirupur Electricity Distribution Circle Tirupur.

Copy to:

The Chief Engineer TNAGEDCO Coimbatore Circle Tatabad, Coimbatore +1cc to Mr.P.R. Dhilpkumar, Advocate, S.R.No.47354 +1cc to Mr.G.B. Saravananbhavan, Advocate, S.R.No.47088 +1cc to the Government Pleader, S.R.No.

TEJ(CO) EU(09/09/2015) W.P.No.27492 of 2015