Tmt.Marimuthu, Part Time v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.06.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition Nos.15230 and 15231 of 2018 and W.M.P.No.18055 and 18056 of 2018
1. Marimuthu
2. Annapoorani
3. Savithri
4. Poongodi
5. Kannammal
6. Saraswathi
...Petitioners in W.P.No.15230 of 2018
1. Uma Maheswari 2 Maheswaran
...Petitioners in W.P.No.15231 of 2018
Vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, (Personnel) Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.
R.1 and R.2 in both W.Ps.
3. The Superintending Engineer, Gobi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Gobi, Erode District.
...R-3 in W.P.No.15230 of 2018
4. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Mettur Dam, Salem District.
...R-3 in W.P.No.15231 of 2018
Common Prayer :
Writ Petitions filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the second respondent to pass orders on the representation of the petitioners dated 26.03.2018, in the light of the order passed in Memo No.081451/1310/G42/G422/2017-1, dated 28.09.2017, on the file of the second respondent and to repost the petitioners in the existing vacancy as full time regular employee with all attendant benefits instead of Part Time Conservancy Workers. For Petitioners : Mr.V.Elangovan For Respondents : Mr. P.R.Dhilip Kumar Standing Counsel COMMON ORDER As the issue involved in both Writ Petitions is identical in nature, they are taken up together and disposed of by this common order.
2.
The prayer in the Writ Petitions is for issuance of Writ in the nature of Mandamus directing the second respondent to pass orders on the representation of the petitioners dated 26.03.2018, in the light of the order passed in Memo dated 28.09.2017, on the file of the second respondent and to repost the petitioners in the existing vacancy as full time regular employees with all attendant benefits instead of Part Time Conservancy Workers.
3.
At the outset, the learned counsel appearing for the petitioners submits that, in respect of the similar issue, the petitioners, who were similarly placed as that of the petitioners herein approached this Court by way of filing W.P.Nos.25423 and 25433 of 2013, and those Writ Petitions were disposed of by this Court, vide order, dated 09.01.2014. The photostat copy of such order passed in W.P.No.25423 and 25433 of 2013 is also annexed in W.P.No.15230 of 2018 in the form of typed-set of papers at Page No.5, for reference of this Court. Therefore, the learned counsel prays that in view of the orders passed earlier by this Court in regard to an identical issue, similar order could be passed in the present Writ Petitions as well.
4. Mr.P.R.Dhilipkumar, the learned Standing Counsel for the respondents has no objection in following the order, dated 09.01.2014, passed in W.P.No.25423 and 25433 of 2013.
5. Thus, in the light of the earlier order passed by this Court, vide its order, dated 09.01.2014 in W.P.No.25423 and
25433 of 2013, this Court is of the view that the present Writ Petitions could also be disposed of on the same lines. Accordingly, both the Writ Petitions stands disposed of, with a direction to the second respondent/(TANGEDCO) to consider the petitioners' representation, dated 26.03.2018 and to pass orders on merits and in accordance law within eight weeks from the date of receipt of a copy of this order. It is needless to say that while considering the request of the petitioners, the first respondent shall take into account of the similar benefits given to the other employees as claimed by the petitioners herein. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
Sd/- Deputy Registrar //True copy// Sub Assistant Registrar sd To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, (Personnel) Tamil Nadu Generation and Distribution Corporation (TANGEDCO) No.144, Anna Salai, Chennai - 600 002.
3. The Superintending Engineer, Gobi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Gobi, Erode District.
4. The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation +2cc to Mr.S.Doraisamy, Advocate SR.No.40047, 40046 Writ Petition Nos.15230 and 15231 of 2018 GN(04/07/2018)