S.Rajendran, Asst. Executive v. The Chairman And Managing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2017 CORAM :

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P. No. 39730 of 2016 S. Rajendran.

..Petitioner Vs.

1.The Chairman and Managing Director, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002.

.. Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the representations of the petitioner, more particularly the representation dated 10.08.2016 for (i) refixing petitioner seniority in the absorption order in Per. B. P.(FB) No.19, dated 13.07.2005 placing him at below Mr. Dhananjeyan and above Mr. R. Murugan and Mr. S. Jeyaraman in the cadre of Junior Engineer Grade-I; and (ii) fixing the effective date of petitioner upgradation/redesignation to Junior Engineer Grade-I as 02.08.1991 and to grant consequential service benefits, applying Regulation No. 97(b) of the TNEB Service Regulations. For Petitioner : Mr. N. Anbazhagan.

For Respondents : Mrs. R. Varalakshmi.

O R D E R

Though, the relief sought for in this writ petition is large in nature, the learned counsel appearing for the writ petitioner restricted the prayer to the extend of directing the first respondent to consider the representation submitted by the writ petitioner on 10.08.2016 in regard to refixation of seniority over and above his juniors.

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2.The learned counsel appearing for the writ petitioner states that the writ petitioner is working as Assistant Executive Engineer and his seniority was erroneously fixed at the time of merger of the Divisions. In this regard, the writ petitioner has identified his juniors and made a representation to the first respondent to correct the mistake in representation dated 10.08.2016, in respect of his seniority. However, the same is pending on the file of the first respondent and no order has been passed.

3.Thus, without going into the merits and the demerits of the case, the first respondent is directed to consider the representation submitted by the writ petitioner on 10.08.2016 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4.This writ petition stands disposed of. However, no order as to costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpl To 1.The Chairman and Managing Director, Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002.

2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 144, Anna Salai, Chennai-600 002 +2ccs to Mrs. P.Mahesh Kumar, Advocate sr.60377 +1cc to Mr.R.Varalakshmi, Advocate sr.60466 W.P. No. 39730 of 2016 sj(co) ss(18/9/2017_) https://hcservices.ecourts.gov.in/hcservices/