Madras High CourtWP/30289/2015disposed of

Tamil Nadu Electricity Board v. The Chairman

2015-09-25Honourable Mr Justice M. Sathyanarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.30289 of 2015 Tamil Nadu Electricity Board General Employees Union, Registration No.CPT 1357/1996 represented by Mr.C.Arumugam General Secretary ... Petitioner Vs.

1. The Chairman, Door No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer (Personnel), Door No.144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Electricity Distribution Circle (South), Door No.110, K.V.Sub-station Complex, K.K.Nagar, Chennai - 600 078.

4. The Superintending Engineer, Electricity Distribution Circle (North), Door No.797, E.B.Complex Anna Salai, Chennai - 600 002.

5. The Superintending Engineer, Electricity Distribution Circle (Central), Nungambakkam High Road, Nungambakkam, Chennai - 600 034.

6. The Superintending Engineer, Electricity Distribution Circle (West), Tirumangalam, S.S.Complex Anna Nagar, Chennai - 600 102.

7. The Superintending Engineer, Krishnagiri.

8. The Superintending Engineer, Vazhudhur Gas Turbine Power Station, Ramanathapuram Ramanathapuram District.

9. The Superintending Engineer, Ramanathapuram, Ramanathapuram District.

10. The Superintending Engineer, Tiruvannamalai, Tiruvannamalai District.

... Respondents PETITION under Article 226 of The Constitution of India praying for issuance of Writ of Mandamus directing the respondents to forthwith take action on the applications/representations dated 16.09.2015 given by the petitioner Union for identification and absorption of its 580 member employees as per B.P.(Chairman) No.9, Administrative Branch dated 09.01.2008 according to their qualification.

For Petitioner : Mr.K.Raja For Respondents : Ms.R.Varalakshmi

O R D E R

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioner association claimed that their members have completed more than 480 days within two years from the date of entering into service and still they continue to work in temporary capacity.

By placing reliance upon the Board's proceedings (Chairman) No.9, Administrative Branch dated 09.01.2008 praying for absorption of regularisation, submitted a representation dated 16.09.2015 to the respondents and since no orders have passed, the petitioner has come forward to file the present Writ Petition.

3. Learned counsel appearing for the petitioner would submit that in similar facts and circumstances, this Court vide order dated 13.5.2008 in W.P.No.12230 and 12231 of 2008 and order dated 16.11.2009 in W.P.No.22100 of 2009 has directed the concerned respondents to dispose of the petitioner's representation in the light of the above-said Board's proceedings and hence prays for appropriate orders.

4. This Court heard the submissions of the learned counsel appearing for the petitioner and the learned counsel, who accepts notice on behalf of the respondents.

5. This Court, in the light of the above-said facts and circumstances, without going into the merits of the case projected by the petitioner either in this Writ Petition or in the representation submitted by the petitioner association, directs the first respondent to consider the representation of the petitioner association dated 16.9.2015 and pass orders on merits and in accordance with law after taking note of the above-said Board's proceedings within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner association. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// sl Sub Assistant Registrar