M.Raj, v. The Tamil Nadu Electricity

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2016 CORAM :

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.38566 of 2015 M.Raj ... Petitioner Vs 1.The Tamil Nadu Electricity Generation & Distribution Corporation Ltd., (TANGEDCO), Rep.by its Chairman, No.144, Anna Salai, Chennai - 600 002.

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

3.The Superintendent Engineer, TANGEDCO, Udumalaipet Electricity Distribution Circle, Udumalaipet.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the respondents to consider the representation submitted by the petitioner dated 25.03.2014 and to bring the petitioner into regular establishment on absorption into regular service in the respondent Corporation on par with the juniors with all consequential benefits, within a time frame.

For Petitioner : Mr.G.Sankaran For Respondents : Mr.P.R.Dhilip Kumar

O R D E R

By consent, this writ petition is taken up for disposal at the admission stage itself.

2. According to the petitioner, he was engaged as a contract labour in the respondent Electricity Board since 01.01.1994. As per the order of this Court in batch of writ petitions, the contract labours engaged by the respondents were given permanent status. In the year 2007, a selection committee was constituted for the purpose of identification and verification of contract labourers pursuant to the letter issued by the 3rd respondent dated 25.10.2007. Accordingly, the petitioner was called upon to submit his certificates, however due to some mistake with regard to the date of birth in the transfer certificates, the petitioner was not considered for permanent status.

3. Heard Mr.G.Sankaran, learned counsel appearing for the petitioner submitted that the petitioner had given a representation on 25.03.2014 enclosing all relevant documents, but so far no order has been passed. Hence, the present writ petition has been filed.

4. Heard the submissions of Mr.P.R.Dhilip Kumar, learned counsel who accepts notice on behalf of the respondents.

5. Considering the facts and circumstances of the case, the petitioner is directed to submit one more representation to the 1st respondent enclosing this order copy, within a period of two weeks from the date of receipt of a copy of this order. On such receipt, the 1st respondent is directed to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law,within a period of eight weeks therefrom and communicate the decision taken,to the petitioner. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rgr

To 1.The Chairman, Tamil Nadu Electricity Generation & Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

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

3.The Superintendent Engineer, TANGEDCO, Udumalaipet Electricity Distribution Circle, Udumalaipet.

+1cc to Mr.G.Sankaran, Advocate, S.R.No.358 +1cc to Mr.P.R.Dhilip Kumar, Advocate, S.R.No.223 W.P.No.38566 of 2015 SKV(CO) CA(18/01/2016)