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Madras High CourtWP/19510/2018disposed of

M.Suresh,S/O.Munusamy v. The Chairman,Tamilnadu

2018-07-31Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2018

CORAM

THE HON'BLE MR.JUSTICE SATRUGHANA PUJAHARI WRIT PETITION NOS. 19510 OF 2018

1. M. Suresh

2. R. Panjali

3. N. Ramalingam

4. R. Arivu

5. E. Rani

6. D. Govindammal

7. M. Lakshmi

8. M. Jayagandhi

9. S. Poongkodi 10.M. Partiban 11.K. Amudha 12.E. Ammayi 13.N. Arunraj 14.S. Shanthi 15.M. Hamavathy ...petitioners Vs.

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

2. Chief Engineer, Tamil Nadu Generation & Distribution Corporation (TANGEDCO) No. 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, TANGEDCO, Thiruvannamalani - 4.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondent to pass orders on the representation of the petitioners dated 21.04.2018 in the light of the order passed in Memo No. 081451/1310/G.42/G.422/2017-1, dated 28.09.2017 on the file of the 2nd 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. P.M.Jayachandran For Respondents : Mr.P.R.Dhilipkumar Standing Counsel

O R D E R

Heard Mr. P.M.Jayachandran, the learned counsel appearing for the petitioners and Mr.P.R.Dhilipkumar, the learned Standing Counsel, who accepts notice on behalf of the respondents. With the consent on either side, this Writ Petition is take up for disposal at the stage of admission.

2. The petitioners have come to this Court by way of this Writ Petition seeking a writ of mandamus directing the respondent to pass orders on their representation dated 21.04.2018 in the light of the order passed vide Memo No. 081451/1310/G.42/G.422/2017-1, dated 28.09.2017 on the file of the 2nd respondent and to repost them in the existing vacancy as Full Time regular employee with all attendant benefits instead of Part Time Conservancy Workers.

3. At the very outset, the learned counsel appearing for the petitioners submits that in respect of very same relief, similarly situated persons approached this Court by way of filing W.P.Nos.25423 and 25433 of 2013, and this Court, vide order dated 09.01.2014, disposed of the Writ Petitions issuing certain directions, the photostat copy of which has been annexed at Page No.25 of the typed-set of papers filed in support of this Writ Petition. He, therefore, prays that similar direction may be issued in the present Writ Petition as well.

4. The learned Standing Counsel for the respondents has no objection in following the earlier order passed by this Courtin W.P.Nos.25423 and 25433 of 2013 (referred supra).

5. Considering the submissions made by the learned counsel for the parties and in view of the earlier order passed by this Court in W.P.Nos.25423 and 25433 of 2013, dated 09.01.2014, in respect of very same relief, this Court is inclined to dispose of the present Writ Petition also on the same lines. Accordingly, this Writ Petition stands disposed of with a direction to the first respondent to take an informed and considered decision on the representation made by the petitioners dated 21.04.2018 but, in the light of the aforesaid order of this Court, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, if there is no other legal impediment. However, it is made clear

that this Court has expressed no opinion on the merit of representation of the petitioners in any manner. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

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

2. Chief Engineer, Tamil Nadu Generation & Distribution Corporation (TANGEDCO) No. 144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Thiruvannamalai Electricity Distribution Circle, TANGEDCO, Thiruvannamalani - 4.

+1cc to Mr. P.M.Jayachandran, Advocate sr.no.51651 +1cc to Mr.P.R.Dhilipkumar, Advocate sr.no.52943 Writ Petition Nos. 19510 of 2018 nr 28/08/2018