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Madras High CourtWMP/31260/2016dismissed

P.Muthusamy v. Tamil Nadu Electricity

2020-02-17Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Monday, the Seventeenth day of February Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE D. KRISHNAKUMAR WMP No.31260 of 2016 IN WP.36342 OF 2016 P.MUTHUSAMY [ PETITIONER ] Vs 1 TAMIL NADU ELECTRICITY [ RESPONDENTS ] REGULATORY COMMISSION, REP BY THE SECRETARY, 19-A, RUKMINI LAKSHMIPATHI SALAI (MARSHALLS ROAD), EGMORE, CHENNAI-600 008.

2 THE STATE OF TAMIL NADU REP BY THE SECRETARY TO GOVERNMENT ENERGY DEPARTMENT, SECRETARIAT, FORT ST. GEORGE, CHENNAI-600 009.

3 THE DEPUTY ACCOUNTANT GENL/ES-, -II, INDIAN AUDIT & A/CS DEPT, O/O. ACCOUNTANT GENL., TAMIL NADU ECONOMIC & REVENUE SECTOR AUDIT, TNEB, 3RD FLR, WESTERN WING, 144, ANNA SALAI,CHENNAI 600 002 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an interim order directing the respondents to forthwith pay an amount of Rs.6,38,928/- along with accrued interest towards the balance payment under the Contributory pension Scheme to the petitioner at such rate as may be fixed by this Honourable court, (in WMP.No.31260/2016) pending disposal of the above WP.No.36342 of 2016.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.SUHRITH PARTHASARATHY, Advocate for the petitioner and of MR. KARTHIK RAJAN, ADVOCATE for TNEB on behalf of the Respondents the court made the following order:- The prayer sought for in the Miscellaneous Petition is to direct the respondents to forthwith pay an amount of Rs.6,38,298/- along with accrued interest towards the balance payment under the Contributory Pension Scheme to the petitioner at such rate as may be fixed by this Court, pending disposal of the above writ petition.

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Heard both sides.

Considering the submissions made by the learned counsel for the petitioner and not being satisfied with the reasons stated in the affidavit filed in support of his contention, this Court is of the opinion that the direction sought for by the petitioner cannot be considered at this stage and the same can be considered only at the time of final disposal of the main writ petition. In view of the above, the Miscellaneous Petition is dismissed. Registry is directed to post the writ petition for final disposal on 09.03.2020. Registry is also directed to print the name of the learned Standing Counsel appearing for the first respondent.

-sd/- 17/02/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE SECRETARY, TAMIL NADU ELECTRICITY REGULATORY COMMISSION, 19-A, RUKMINI LAKSHMIPATHI SALAI (MARSHALLS ROAD), EGMORE, CHENNAI-600 008.

2 THE SECRETARY TO GOVERNMENT ENERGY DEPARTMENT, THE STATE OF TAMIL NADUSECRETARIAT, FORT ST. GEORGE, CHENNAI-600 009.

3 THE DEPUTY ACCOUNTANT GENL/ES-, -II, INDIAN AUDIT & A/CS DEPT, O/O. ACCOUNTANT GEENEAL TAMIL NADU ECONOMIC & REVENUE SECTOR AUDIT, TNEB, 3RD FLR, WESTERN WING, 144, ANNA SALAI,CHENNAI 600 002 C.C. to M/S.SUHRITH PARTHASARATHY Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. Order in WMP.31260/2016 in WP.NO.36342/2016 Date :17/02/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SM/04/03/2020 https://hcservices.ecourts.gov.in/hcservices/