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Madras High CourtWP/35083/2013disposed of

M.Viswanathan v. The Chief Engineer

2016-08-01Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-08-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition Nos.35083 and 35084 of 2013 M.Viswanathan ... Petitioner in W.P. No.35083 of 2013 R.Balaji ... Petitioner in W.P. No.35084 of 2013 Vs.

The Chief Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, Chennai-2.

The Superintending Engineer, Nagapattinam Electricity Distribution Circle, Nagapattinam.

..Respondents 1 and 2 in both the writ petitions The Divisional Engineer, (Construction Division), Myladuthurai.

The Junior Engineer, (Construction), Myladuthurai.

Respondents 3 and 4 in W.P. No.35083/2013 The Divisional Engineer, Sirkali.

The Junior Engineer, (Operation & Maintenance), Sirkali-609 811.

Respondents 3 and 4 in W.P. No.35084/2013 Prayer in both the writ petitions: Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to appoint the petitioners as Mazdoor on par with their batchmates in the time scale of pay with all service benefits.

For Petitioners in both :

Ms.O.Djearany For Respondents in both :

Mrs.R.Varalakshmi for R1 to R4

COMMON ORDER These writ petitions have been filed to issue Writ of Mandamus, to direct the respondents to appoint the petitioners as Mazdoor on par with their batchmates in the time scale of pay with all service benefits.

2. The case of the petitioners is that they were initially appointed as Contract Labourer in April 1996 and on 05.01.2001 in Construction Division and in Operations and Maintenance Division respectively and their batchmates and the persons appointed later than the petitioners, were appointed on regular basis in the time scale of pay both in the posts of Mazdoor and Assessor Grade-II. In this regard, they gave representation dated 27.12.2012 to the respondents. But till date there was no response and hence, the Writ Petitions have been filed.

3. The learned counsel for the petitioners would submit that the petitioners would be satisfied, if their representations are directed to be considered and appropriate orders are passed.

4. Mrs.R.Varalakshmi, the learned Standing Counsel for the respondents, has got no serious objection for directing the respondents to consider the representation of the petitioners and pass appropriate orders, on merits and in accordance with law.

5. Considering the submissions made on either side, this Court, without going into the merits of the claim made by the petitioners, directs the respondents, to consider the representation of the petitioners, dated 27.12.2012 and pass appropriate orders, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. The Writ Petitions are disposed of accordingly. No costs. Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar To 1.The Chief Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, Chennai-2.

2.The Superintending Engineer, Nagapattinam Electricity Distribution Circle, Nagapattinam.

3.The Divisional Engineer, (Construction Division), Myladuthurai.

4.The Junior Engineer, (Construction), Myladuthurai.

5.The Divisional Engineer, Sirkali.

6.The Junior Engineer, (Operation & Maintenance), Sirkali-609 811.

+2 cc's to M/s.R.Varalakshmi,advocate,sr.43599, 43600 +2 cc's to Mr.A.Tamilvanan,advocate,sr.43522,43523(8/9) vd(co) krd 30/8 Writ Petition Nos.35083 and 35084 of 2013