K.P.Pandiyan v. The Chief Engineer(Personnel),

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 02.01.2017 Coram The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.44430 of 2016 K.P.Pandiyan

...Petitioner

-Vs1. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, NPAKRR Maaligai, 800, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Tiruvannamalai Electricity Distribution Circle, Venkikal, Tiruvannamalai, Tiruvannamalai District ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to consider and pas orders on the representation of the petitioner dated 29.06.2016 For Petitioner : Mr.M.Jaikumar For Respondents : Mrs.R.Varalakshmi for TNEB

O R D E R

By consent, the writ petition is taken up for final disposal. Mrs.R.Varalakshmi, learned Standing Counsel appearing for Tamil Nadu Electricity Board accepts notice on behalf of the respondents.

2. The petitioner rendered his service as a contract worker in the Tamil Nadu Electricity Board from 05.05.1980 and vide proceedings of the 2nd respondent dated 29.06.2006 in Memo No.13386/Admn.2/A1/F, he was absorbed as helper and thereafter, he was permanently promoted as Wireman and had attained the age

of superannuation and retired from service on 30.04.2016 by order of the Assistant Executive Engineer, Erumbedu, dated 30.04.2016.

3. The grievance expressed by the petitioner is that he had put in 24 years and 7 months of total service and he had worked as Wireman for 9 years, 9 months and 8 days and despite he was permitted to retire from service on reaching the age of superannuation, the terminal benefits have not been conferred upon him. In this regard, he submitted a representation dated 29.06.2016 followed by a reminder dated 06.07.2016. Since the representation having not been given disposal, he came forward to file this writ petition.

4. Heard the submission of the learned counsel for the petitioner and Mrs.R.Varalakshmi, learned Standing Counsel appearing for the respondents/Electricity Board.

5. This Court, taking into consideration the limited scope of the prayer sought for by the petitioner, without going into the merits of the claim made by the petitioner, directs the first respondent to consider and dispose of the petitioner's representation dated 29.06.2016 on merits and in accordance with law and pass orders within a period of ten weeks form the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To

1. The Chief Engineer (Personnel), Tamil Nadu Electricity Board, NPAKRR Maaligai, 800, Anna Salai, Chennai - 600 002.

2. The Superintending Engineer, Tiruvannamalai Electricity Distribution Circle, Venkikal, Tiruvannamalai, Tiruvannamalai District

+1cc to Mr.Jaikumar, Advocate, S.R.No.242 +1cc to Mr.Varalakshmi, Advocate, S.R.No.97 VSN(CO) RS(20/01/2017) Writ Petition No.44430 of 2016