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Madras High CourtWP/21017/2023disposed of

D.Amos v. The Tamilnadu Electricity Generation

2023-07-17Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR D.Amos .. Petitioner

Versus

1.The Tamil Nadu Electricity Generation and Distribution Corporation Ltd (TANGEDCO) Rep by its Chairman No.144, Anna Salai Chennai - 600 002 2.The Chief Engineer (Personnel) The Tamil Nadu Electricity Generation and Distribution Corporation Ltd (TANGEDCO) No.144, Anna Salai Chennai - 600 002 3.The Chief Engineer (Distribution) TANGEDCO, Kanchipuram 4.The Superintending Engineer/O&M Tiruvallur/KEDC, TANGEDCO Tiruvallur 5.The Executive Engineer/O&M Tiruvallur/KEDC, TANGEDCO Tiruvallur

6. The Assistant Engineer/O&M Manavalanagar, Tiruvallur/KEDC, TANGEDCO Tiruvallur .. Respondents 1/4

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to refer the petitioner's representation dated 19.04.2023 to grant petitioner salary as fixed for November 2022 with arrears and attendant benefits to the respondents. For Petitioner : Mr.Auxilia Peter For Respondents : Mr.David Sunder Singh

ORDER

This Writ Petition has been filed seeking to direct the respondents to refer the petitioner's representation dated 19.04.2023 and grant petitioner salary as fixed for November 2022 with arrears and attendant benefits to the respondents.

2. The facts of the present case is that petitioner was working as a contract labourer in the respondent Corporation. Thereafter, he was brought into regular establishment as Field Worker. When his educational certificate was verified, it was found that his education documents are fabricated, hence, by Order dated 22.07.2019, he was punished with reduction of pay to the minimum scale of pay for the post held for a period of 3 years which will operate for future increment i.e., from Rs.26,100 to Rs.18,800/-. further, he received basic pay as Rs.29,400/- in the month of November, 2022. Thereafter, he received a proceedings dated 30.01.2023 stating that his revised basic pay is Rs.18,800/- due to the order passed in the disciplinary proceedings. Hence, he 2/4

made a representation on 19.04.2023 seeking to fix his salary as fixed for the November 2022 i.e., Rs.29,400 with arrears and attendant benefits which is pending without consideration till date. Hence, this writ petition. 3.Heard both sides and perused the materials placed on record. Considering the limited relief as sought for in this writ petition, this Court is inclined to direct the respondents to pass appropriate orders on merits and in accordance with law within a period of two month from the date of receipt of a copy of this Order.

4. Accordingly, this writ petition stands disposed of. No costs. 17.07.2023 dhk Index:Yes/No Internet: Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The Chairman The Tamil Nadu Electricity Generation and Distribution Corporation Ltd (TANGEDCO) No.144, Anna Salai Chennai - 600 002 2.The Chief Engineer (Personnel) The Tamil Nadu Electricity Generation and Distribution Corporation Ltd (TANGEDCO) No.144, Anna Salai Chennai - 600 002 3.The Chief Engineer (Distribution) TANGEDCO, Kanchipuram 4.The Superintending Engineer/O&M Tiruvallur/KEDC, TANGEDCO Tiruvallur 5.The Executive Engineer/O&M Tiruvallur/KEDC, TANGEDCO Tiruvallur

6. The Assistant Engineer/O&M Manavalanagar, Tiruvallur/KEDC, TANGEDCO Tiruvallur W.P.No.21017 of 2023 17.07.2023 4/4