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Madras High CourtWP/3922/2014disposed of

T.Ravikumar v. The Chairman And Managing

2022-06-20Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.3922 of 2014 T.Ravikumar

...Petitioner

Vs.

1.The Chairman and Managing Director, TANGEDCO, formerly TNEB Limited, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel) TANGEDCO, formerly TNEB Limited, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, formerly TNEB Limited, EDE/Metro, Coimbatore District, Coimbatore - 12.

4.The Executive Engineer, TANGEDCO, formerly TNEB Limited, O & M CEDC/South, Negamam 642 120.

5.The Assistant Executive Engineer, TANGEDCO, formerly TNEB Limited, O & M CEDC/South, Negamam - 642 120. ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents herein to draw and pay the duty pay admissible to the petitioner in the post of Line Inspector for the period from November 2011 to date and continue to pay the same in future and regularize the period of absence from November 2011 to date of rejoining duty as one of duty for all purposes and to award compensation of a sum of Rs.10,00,000/- to the petitioner for the mental agony and untoward hardship suffered by him at the hands of the respondents herein and to further direct that the said amount be recovered from the salary of the respondents herein.

For Petitioner : Mr.P.R.KrishnaRaj For Respondents : Mr.P.Subramanian [R1 to R5] For TANGEDCO

ORDER

The relief sought for in the present writ petition is to direct the respondents to draw and pay the duty pay admissible to the petitioner in the post of Line Inspector for the period from November 2011 to date and continue to pay the same in future and regularize the period of absence from November 2011 to date of rejoining duty as one of duty for all purposes and to award compensation of a sum of Rs.10,00,000/- to the petitioner for the mental agony and untoward hardship suffered by him at the hands of the respondents and to further direct that the said amount be recovered from the salary of the respondents.

2. The writ petitioner was appointed as Line Inspector in TANGEDCO. The learned counsel for the petitioner mainly contended that the petitioner was not allowed to join duty without any valid reason and he was orally informed by the superior officials not to report for duty.

3. However, the learned counsel for the respondents made a submission that the petitioner remained unauthorizedly absent and a charge memo was issued against him. That apart, the petitioner was facing a criminal case regarding certain fraudulent activities regarding job racket. Based on the charge memo, an enquiry was conducted and the petitioner was imposed with the punishment of stoppage of increment for a period of three years with cumulative effect.

4. With reference to the subsequent allegation, another charge memo was issued against the writ petitioner and the said charges are pending.

5. As far as the relief sought for in the present writ petition is concerned, the petitioner seeks a direction to permit him to join duty. The said relief lost its relevance on account of efflux of time and in respect of the other departmental disciplinary proceedings, the petitioner is at liberty to defend his case before the competent authorities in the manner known to law.

6. With these observations, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kak To 1.The Chairman and Managing Director, TANGEDCO, formerly TNEB Limited, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer (Personnel) TANGEDCO, formerly TNEB Limited, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, formerly TNEB Limited, EDE/Metro, Coimbatore District, Coimbatore - 12.

4.The Executive Engineer, TANGEDCO, formerly TNEB Limited, O & M CEDC/South, Negamam 642 120.

5.The Assistant Executive Engineer, TANGEDCO, formerly TNEB Limited, O & M CEDC/South, Negamam - 642 120.

+1 cc to Mr.P.R.KrishnaRaj, Advocate Sr.NO.37853 +1 cc to Mr.P.Subramanian, Advocate Sr.NO. 38381 W.P.No.3922 of 2014 skm(CO) A.SK(06/07/2022)