V.Suresh v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P. No. 30953 of 2019 V.Suresh ... Petitioner Vs.

1.The Chairman, Tamil Nadu Electricity Board (TANGEDCO), Door No.144, Anna Salai, Chennai-600 002 2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board (TANGEDCO), Door No.144, Anna Salai, Chennai-600 002.

3.The Superintendent Engineer, Tamil Nadu Electricity Board, Chennai EDC North, Chennai-600 002.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to consider petitioner Representation dated 06.06.2019.

For Petitioner : Mr. Ezhilraj For R1 to R3 : Mr. P.R. Dhilip kumar Standing counsel for TNEB

ORDER

The Petitioner has filed this writ petition, seeking for issuance of a Writ of Mandamus, to direct the Second Respondent to consider Petitioner Representation dated 06.06.2019 and dispose of the same within the time frame that may be fixed by this Court.

2. According to the Petitioner, he has been working as contract employee in K.K. Nagar, TNEB from 2002 onwards. The Second Respondent vide proceedings dated 15.01.2011, directed the Petitioner to appear before him along with originals and the Petitioner also appeared and after scrutinizing the documents, according to the Petitioner, the Second Respondent has assured that permanent appointment order will be issued to him. Thereafter, the Petitioner has not received any appointment order and therefore, he made several representations to the Respondents. While so, the Inspector of Labour Department, Chennai passed order in favour of the Petitioner and others who worked 480 days in 24 months ordering them to be permanent employees in TNEB, wherein the https://hcservices.ecourts.gov.in/hcservices/

Petitioner's name is appeared as Item No.11.

3. The grievance of the Petitioner is that despite his representation dated 06.06.2019, the Respondents have not passed order making the Petitioner as permanent employee. Hence, he has come forward with the present writ petition.

4. The learned counsel appearing for the Petitioner would submit that on an earlier occasion this Court has considered the issue of conferment of permanent status of the employees who worked more than 480 days in 24 calender months from the date of entering into service and directed the authorities to pass appropriate orders. He would refer one of such order of this Court passed in W.P. No. 30289 of 2015 dated 25.09.2015 and in W.A. No. 1302 of 2003 dated 24.10.2008 and therefore the learned counsel would implore this Court to issue direction to the Respondents to consider the representation of the petitioiner for conferring permanent status in respect of the employment of the Petitioner.

5. Considering the facts and circumstances and the submission made by the learned counsel for the Petitioner and in view of the similar orders passed by this Court referred to above, the Second Respondent is directed to consider the representation of the Petitioner on 06.06.2019 and pass appropriate orders in regard to the absorption of the Petitioner as regular employee, within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar arb To 1.The Chairman, Tamil Nadu Electricity Board (TANGEDCO) Door No.144, Anna Salai, Chennai-600 002 2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board (TANGEDCO) Door No.144, Anna Salai, Chennai-600 002.

3.The Superintendent Engineer, Tamil Nadu Electricity Board, Chennai EDC North, Chennai-600 002 W.P. No. 30953 of 2019 A.SK(29/11/2019) https://hcservices.ecourts.gov.in/hcservices/