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Madras High CourtWP/27100/2024disposed of

M.Sahunthala v. Tamil Nadu Generation And Distribution

2024-09-19Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.M.Sahunthala W/o.Manoharan 2.M.Lakshmi W/o.Murukan 3.N.Jothimani W/o.Nagarajan 4.A.Vasantha W/o.Arumugam 5.M.Amsavalli W/o.Moorthy 6.P.Palaniammal W/o.Sangili 7.M.Nagammal W/o.Maran ... Petitioners Vs.

1.Tamil Nadu Generation and Distribution represented by its Chairman, 2.Tamil Nadu Generation and Distribution 1/6

represented by its Chief Engineer (Personnel), 3.The Superintending Engineer, Kovai Electricity Distribution Circle (South), Tamil Nadu Generation and Distribution Tatabad, Coimbatore - 641 012.

4.The Superintending Engineer, Kundah Hydro Electric Project, Kundah Power House, Kundah, The Nilgiris District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to forthwith absorb the petitioners as regular workers in the respondent corporation in the light of the order passed in Memo No.08145/1310/G42/G422/2017-1 dated 28.09.2017 on the file of second respondent with all other attendant and other monetary benefits by considering and passing necessary orders on the representation of the petitioners dated 06.01.2024.

For Petitioners : Mr.K.Selvaraj For Respondents : Ms.S.B.Keerthana for M/s.Agam Legal *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to absorb the petitioners as regular workers in the respondent corporation in the light of the proceedings dated 28.09.2017 and to extend the service and monetary benefits to the petitioners.

2. Heard Mr.K.Selvaraj, learned counsel for petitioners and Ms.S.B.Keerthana, learned counsel appearing for respondents.

3. The case of the petitioners is that they have been working in the respondent corporation for nearly 27 years. They were employed as part-time employees on consolidated pay and their services have been regularly utilized by the respondent Corporation.

4. The petitioners made a representation requesting for absorbing the petitioners as regular workers in the respondent corporation. Similar such request was made by similarly placed persons and they have approached this Court and filed writ petitions in W.P.Nos.25423 and 25433 of 2013. Pursuant to the orders passed by this Court, the services of those persons were regularized. The petitioners 3/6

have also placed reliance upon the orders passed in W.P.Nos.16209 and 16214 of 2019, dated 14.12.2021, wherein similar orders were passed by this Court. Subsequent writ petition filed in W.P.No.18405 of 2022 was also relied upon by the petitioners. Ultimately, the petitioners wanted their case to be considered in line with the similarly placed persons and in line with the earlier orders passed by this Court. Since their request was not considered, the present writ petition has been filed before this Court.

5. Taking into consideration the facts and circumstances of the case and also taking note of the writ petitions disposed of in the years 2014, 2021 and 2022 and also considering the fact that the petitioners have put in long period of service for nearly 27 years, there shall be a direction to the second respondent to deal with the representation made by the petitioners on 06.01.2024 on its own merits and in accordance with law and in line with the earlier orders passed by this Court and final orders shall be passed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. The petitioners are directed to make individual representation to the second respondent along with all relevant documents and a copy of 4/6

this order. A copy of the representation shall also be marked to the first respondent.

This writ petition is disposed of with the above direction. No costs.

19.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Chairman, Tamil Nadu Generation and Distribution 2.The Chief Engineer (Personnel), Tamil Nadu Generation and Distribution 3.The Superintending Engineer, Kovai Electricity Distribution Circle (South), Tamil Nadu Generation and Distribution Tatabad, Coimbatore - 641 012.

N.ANAND VENKATESH, J gm 4.The Superintending Engineer, 5/6

Kundah Hydro Electric Project, Kundah Power House, Kundah, The Nilgiris District.

19.09.2024 6/6