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Madras High CourtWP/5706/2015disposed of

G.Prabhakaran v. The Chairman

2015-12-08Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.5706 of 2015 1.G.Prabhakaran 2.R.Mariyappan 3.M.Santhanamari 4.C.Edward Ravikumar .. Petitioners V.

1.The Chairman Tamil Nadu Distribution Generation Corporation Limited Anna Salai, Chennai - 2.

2.The Chief Engineer (Personnel) Tamil Nadu Distribution Generation Corporation Limited Anna Salai, Chennai - 2.

3.The Chief Engineer, TANGEDCO/ TTPS 4.The Superintending Engineer (P&A), TANGEDCO / TTPS .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to implement the order of the Deputy Chief Inspector of Factories, Tuticorin, passed in No.E/568/2013, dated 05.03.2014 and thereby absorb the petitioner as Helpers w.e.f. from their date of completion of 480 days, with all attendant and other monetary benefits.

For Petitioners .. Mr.S.N.Ravichandran For Respondents .. Mrs.R.Varalakshmi

ORDER

Heard the learned counsel appearing for the petitioners and the learned standing counsel for the respondents.

2.The petitioners seek for issuance of a writ of mandamus to direct the 2nd respondent to implement the order of the Deputy Chief Inspector of Factories, Tuticorin dated 05.03.2014 and absorb the petitioners as Helpers in the services of the respondent Corporation.

3.Mrs.R.Varalakshmi, learned Standing Counsel for the respondents submitted that the order passed by the Deputy Chief Inspector, based on which the Petitioners have filed this writ petition, is the subject matter of challenge. However, the counter affidavit filed by the Superintending Engineer/Purchase and Administration, Tuticorin Thermal Power Station does not disclose this fact.

4.In any event, this Court, at this juncture, will not give any positive direction and it would suffice to direct the 4th respondent to consider the petitioners' representation dated 06.06.2014 followed by Lawyer's notice dated 31.12.2014 and pass orders on merits and inform the petitioners in writing as to what is the stage of the matter and take a definite stand in such a reply and the above direction shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Sgl To 1.The Chairman Tamil Nadu Distribution Generation Corporation Limited Anna Salai, Chennai - 2.

2.The Chief Engineer (Personnel) Tamil Nadu Distribution Generation Corporation Limited Anna Salai, Chennai - 2.

3.The Chief Engineer, TANGEDCO/ TTPS

4.The Superintending Engineer (P&A), TANGEDCO / TTPS +1 cc to Mr.S.N.Ravichandran, Advocate, sr.65815 +1 cc to Mr.R.Varalakshmi, Advocate, sr.66071 W.P.No.5706 of 2015 ctk co kra 18.12.2015