Deen Mohammed v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2025
CORAM
THE HONOURABLE MR. JUSTICE C. KUMARAPPAN Writ Petition Nos.26664, 26667, 26670, 26672 and 26675 of 2025 S.Deen Mohammed ... Petitioner in WP.26664 of 2025 A.Sivakumar ... Petitioner in WP 26667 of 2025 P.Kumar ... Petitioner in WP 26670 of 2025 M.Charles ... Petitioner in WP 26672 of 2025 A.Narayanan ... Petitioner in WP 26675 of 2025 ..Vs..
1. The Chairman, TANGEDCO, Anna Salai, Chennai - 600 002.
2. The Chief Engineer (Personal), And convener committee, TANGEDCO, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Parsonvalley, Power House Project VI, Emerald Post, & Village, Kundhah Taluk, Ooty, The Nilgiris District - 643 209.
1/7
4.The Superintending Engineer/Civil, Hydro Project, 955, E.V.N.Road, Erode - 638 009.
Respondents in all WPs Prayer in W.P.No.26664 of 2025:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to consider the petitioner's representation letter dated 28.10.2024, in the light of the judgement passed in Writ Appeal No.1302 of 2003 order dated 24.10.2008, by affording an opportunity of personal hearing, and consequently absorb the petitioner as a regular Helper in the service of the Tamil Nadu Electricity Board (now TANGEDCO), on par with other employees, and grant the benefit of ex-gratia payment from the date of his initial engagement on 01.06.1994 till the date of his regular absorption, and further extend all consequential service and monetary benefits on par with his juniors who have already been absorbed into service. Common Prayer in W.P.
Nos.26667, 26670, 26672 and 26675 of 2025:- Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to consider the Writ Appeal No.1302 of 2003 order dated 24.10.2008 submitted by the petitioners along with others, and to pass appropriate orders on merits after affording an opportunity of personal hearing, and consequently absorb the petitioners as regular Helpers in the service of the Tamil Nadu Electricity Board (now TANGEDCO), on par with other employees, by granting the benefit of exgratia payment from the date of their initial engagement on 01.06.
date of his regular absorption, and to extend all consequential service and monetary benefits on par with their juniors who have already been absorbed into service.
For Petitioner in all WPs : Mr.G.Ilamurugu For Respondents in all WPs : Mr.A.P.Venkatesh Prasad For M/s.Advit Law Chambers CO MMON
ORDER
The present writ petitions have been filed with a prayer for mandamus to direct all the respondents to consider the Judgement in Writ Appeal No.1302 of 2003 dated 24.10.2008.
2.The learned counsel appearing on behalf of the petitioners would submit that the petitioners have been disengaged from the employment since 2000, whereas, the similarly placed persons have been regularized and in this connection, the petitioners had given various representations to the respondents. Hence, the petitioners have come up with the present writ petitions to direct the respondents to pass an order in the light of the Division Bench Judgment of this Court in W.A.No.1302 of 2003 batch case dated 24.10.2008.
3/7
3. At this juncture, the learned Standing Counsel appearing on behalf of the respondents would vehemently contend that the similar prayer was sought in the batch of writ petitions in W.P.No.16862 of 2021 vide order dated 04.01.2024, wherein, this Court had directed the respondents to consider the petitioners' representation and based on the direction, the petitioners' representations were considered on 01.07.2024 wherein, the issue involved in the present writ petitions has been dealt in para 11 of the Judgment dated 24.10.2008. Hence, the learned Standing Counsel would contend that there is no merits in the present writ petitions.
4. I have given my anxious consideration to either side submissions and also perused the materials available on record.
5. As rightly contended by the learned Standing Counsel appearing for the respondents, the petitioner had already approached this Court, by way of the batch of Writ Petition No.16862 of 2021 etc., batch, wherein, this Court, vide order dated 04.01.2024 directing the respondents to consider the petitioners' representation. In pursuance thereof, the respondents had considered the petitioners' representation on 01.07.2024 and rejected their 4/7
claim. Therefore, without challenging the Rejection Order, the petitioners cannot file a fresh writ petitions, again seeking a direction for consideration of the representation on the basis of yet another writ appeal Judgment. It is also relevant to mention that the petitioners were disengaged from the employment, since 2000, hence at this length of time, nothing to be interfered with. Therefore, this Court does not find any merits in the present writ petitions and the same is liable to be quashed.
6. In the result, the writ petitions are dismissed. However the petitioners are given liberty to challenge the impugned order dated 01.07.2024 issued by the Superintending Engineer/Civil, Erode, in accordance with law. No costs. 23.07.2025 kv Index : Yes Speaking Order : Yes /No To:
5/7
1.The Chairman, TANGEDCO, Anna Salai, Chennai - 600 002.
2.The Chief Engineer (Personal), And convener committee, TANGEDCO, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Parsonvalley, Power House Project VI, Emerald Post, & Village, Kundhah Takuk, Ooty, The Nilgiris District - 643 209.
4.The Superintending Engineer/Civil, Hydro Project, 955, E.V.N.Road, Erode - 638 009.
C. KUMARAPPAN, J.
kv 6/7
W.P.Nos.26664, 26667, 26670, 26672 and 26675 of 2025 23.07.2025 7/7