C.Kaspar Xavier v. Tamilnadu Generation And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14-11-2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM C.Kaspar Xavier ..

Petitioner vs.

1.Tamil Nadu Generation and Distribution Corporation Ltd., Represented by its Chairman, No.144, Anna Salai, Chennai-2.

2.The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, Chennai-2.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to promote the petitioner notionally Assistant Accounts Officer from the post of Accounts Supervisor w.e.f. 08.02.2011, on par with juniors and consequently promote the petitioner as Accounts Officer w.e.f. 04.07.2012 on par with his juniors by revising the scale of pay of the petitioner and settle all the 1/4

consequential terminal, pensionary benefits to him, by considering the representation of the petitioner dated 11.12.2014. For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.P.Subramanian, Standing Counsel for TANGEDCO.

O R D E R

The relief sought for in the present writ petition is to direct the respondents to promote the petitioner notionally as Assistant Accounts Officer from the post of Accounts Supervisor with effect from 08.02.2011 on par with his juniors and consequently promote the petitioner as Accounts Officer.

2. The petitioner could establish that some of the his juniors were notionally promoted with retrospective effect in the post of Assistant Accounts Officer in proceedings dated 01.08.2022 issued by the Chief Engineer/Personnel (FAC).

3. The learned counsel for the petitioner reiterated that such benefits extended to the juniors were not given to the writ petitioner, despite 2/4

the fact that he submitted several representations to grant notional promotion with retrospective effect.

4. On instructions, the learned Standing Counsel for the respondent-TANGEDCO made a submission that the representation submitted by the petitioner is under process and few more senior employees are to be granted with notional promotion and the case of the petitioner also will be considered and he will be granted similar benefits, which were granted to his juniors in proceedings dated 01.08.2022. The said exercise is directed to be done within a period of eight weeks from the date of receipt of a copy of this order.

5. With the abovesaid directions, the writ petition stands disposed of. However, there shall be no order as to costs. 14-11-2022 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order.

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Svn S.M.SUBRAMANIAM, J.

Svn To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai-2.

2.The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, Chennai-2.

WP 39206 of 2016 14-11-2022 4/4