S.Bhoopathy v. The Tamil Nadu Electricity Generation And Distribution Corporation Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.32445 of 2024 and W.M.P.No.35239 of 2024 1.S.Bhoopathy 2.P.Senthilkumar ... Petitioners Vs.

1.The Tamil Nadu Electricity Generation & Distribution Corporation Limited, (TANGEDCO), Rep by its Chairman, No.144, Anna Salai, Chennai 600 002.

2.The Chief Engineer (Personnel), The Tamil Nadu Electricity Generation & Distribution Corporation Limited, (TANGEDCO), No.144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, The Tamil Nadu Electricity Generation & Distribution Corporation Limited, (TANGEDCO), Namakkal Electricity Distribution Circle, Namakkal.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to forthwith 1/6

implement the order of the Inspector of Labour dated 27.06.2024 in Na.Ka.No.1350 of 2023 and consequently, direct the respondents to give permanent status to the petitioners in the cadre of Helper/ Field Assistant within a stipulated period of time.

For Petitioners :

Mr.K.Selvaraj For Respondents :

Ms.Nilani Claire.N for M/s.Agam Legal Advocates

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to forthwith implement the order of the Inspector of Labour dated 27.06.2024 in Na.Ka.No.1350 of 2023 and consequently, direct the respondents to give permanent status to the petitioners in the cadre of Helper/ Field Assistant within a stipulated period of time.

2. Heard Mr.K.Selvaraj, learned counsel for the petitioners and Ms.Nilani Claire.N, learned counsel for the respondents and perused the materials available on record.

3. The learned counsel for the petitioners submitted that a similar issue that has been dealt in W.P.Nos.7638 of 2012 batch is applicable to the 2/6

issue raised in the present Writ Petition also. The issue raised by the similarly placed persons in W.P.Nos.36045 of 2023 batch has been dealt and an order has been passed after analysing the issues and the Writ Petitions were allowed.

4. However, the learned counsel for the respondent Management submitted that he should be given with an opportunity to file counter with regard to the entitlement of the petitioners.

5. In this regard, it has to be stated that the respondents have already challenged the order passed in Claim Petition Nos.E/6532/06 dated 28.06.2007 etc., by filing a Writ Petition in W.P.No.7638 of 2012 and the same has been dismissed. Hence, the matter cannot be re-agitated once again by allowing the respondents to file counter and that will only be an unnecessary exercise to waste the time of the Court. As this Writ Petition involves the issues similar to the other Writ Petitions in W.P.Nos.36045 of 2023 batch, the order passed in the said Writ Petitions is applicable to these petitioners also.

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6. Accordingly, this Writ Petition is allowed and the respondents are directed to consider the claim of the petitioners and give permanent employment in the cadre of helper / Field Assistant within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 30.10.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No gsk 4/6

To 1.The Chairman, The Tamil Nadu Electricity Generation & Distribution Corporation Limited, (TANGEDCO), No.144, Anna Salai, Chennai 600 002.

2.The Chief Engineer (Personnel), The Tamil Nadu Electricity Generation & Distribution Corporation Limited, (TANGEDCO), No.144, Anna Salai, Chennai 600 002.

3.The Superintending Engineer, The Tamil Nadu Electricity Generation & Distribution Corporation Limited, (TANGEDCO), Namakkal Electricity Distribution Circle, Namakkal.

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R.N.MANJULA , J.

gsk W.P.No.32445 of 2024 and W.M.P.No.35239 of 2024 30.10.2024 6/6