T.Paul Stephen, v. The Chairman-Cum-Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH T.Paul Stephen ... Petitioner Vs.
1.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144, NPKKR Maaligai, Anna Salai, Chennai-2.
2.The Superintending Engineer, Chennai South-I Electricity Distribution Division, Tamil Nadu Electricity Board, K.K.Nagar, Chennai-78.
3.The Junior Engineer, Guindy Electricity Distribution Division, Tamil Nadu Electricity Board, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider, dispose of and pass orders on merits on the representation of the petitioner dated 16.09.2022 to include his name in 1/5
the list of contract labourers and to absorb him as permanent employee in the respondent board.
For Petitioner : Mr.A.Saravanan For Respondents : Mr.A.P.Venkatesh Prasad for M/s.T.S.Gopalan & Co.
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. The petitioner herein had given a representation to the second respondent on 16.09.2022 seeking to identify him as the contract labourer and appoint him in the respondent Corporation permanently. Since the said representation has not yet been considered, the above Writ Petition has been filed.
3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one 2/5
way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct him to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 16.09.2022 on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the second respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
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Index:Yes/No Speaking order/Non-speaking order To 1.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No.144, NPKKR Maaligai, Anna Salai, Chennai-2.
2.The Superintending Engineer, Chennai South-I Electricity Distribution Division, Tamil Nadu Electricity Board, K.K.Nagar, Chennai-78.
3.The Junior Engineer, Guindy Electricity Distribution Division, Tamil Nadu Electricity Board, Chennai.
RS/Sni 4/5
M.S.RAMESH,J.
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