Dr.E.Lakshmanan v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Dr.E. Lakshmanan ... Petitioner Vs.
1.The Secretary, Government of Tamil Nadu, TNEB Department, Fort St. George, Chennai - 600 009.
2.The Chairman cum Managing Director, TANGEDCO, 10th Floor, NPKRR Maaligai, 144, TNEB Complex, Anna Salai, Chennai - 600 002.
3.The Chief Engineer/Personnel, TANGEDCO, 8th Floor, NPKRR Maaligai, 144, TNEB Complex, Anna Salai, 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 respondents to 1/6
consider my representations dated 23.05.2009, 04.04.2016, 16.12.2018, 03.02.2021, 26.08.2023, 02.09.2023, 05.09.2023, 14.09.2023, 15.09.2023 and 29.09.2023; to refix my Inter-se-seniority in accordance with Regulations 89(4)(a), 97(a), read with Schedule V & Schedule II of TNEB Service Regulations and consequently direct the respondents to include my name in the List of Assistant Executive Engineers who are to be considered for the promotion to the post of Executive Engineer/Electrical within such time limit as this Court would deem fit. For Petitioner : Mr.T. Pushkin Rajkumar For Respondents : Mr.K. Rajkumar, Standing Counsel
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The petitioner herein has given several representations dated 23.05.2009, 04.04.2016, 16.12.2018, 03.02.2021, 26.08.2023, 02.09.2023, 05.09.2023, 14.09.2023, 15.09.2023 and 29.09.2023 to the 2/6
respondents, seeking for re-fixation of his Inter-se-seniority in accordance with Regulations 89(4)(a), 97(a), read with Schedule V & Schedule II of TNEB Service Regulations and also to include his name in the list of Assistant Executive Engineers who are to be considered for the promotion to the post of Executive Engineer/Electrical. Since the said representations have not been considered till date, the present Writ Petition has been filed.
3. It is needless to point out that whenever representations of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction to the respondents herein, to consider the petitioner's representations 3/6
dated 23.05.2009, 04.04.2016, 16.12.2018, 03.02.2021, 26.08.2023, 02.09.2023, 05.09.2023, 14.09.2023, 15.09.2023 and 29.09.2023, on their own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
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To 1.The Secretary, Government of Tamil Nadu, TNEB Department, Fort St. George, Chennai - 600 009.
2.The Chairman cum Managing Director, TANGEDCO, 10th Floor, NPKRR Maaligai, 144, TNEB Complex, Anna Salai, Chennai - 600 002.
3.The Chief Engineer/Personnel, TANGEDCO, 8th Floor, NPKRR Maaligai, 144, TNEB Complex, Anna Salai, Chennai - 600 002.
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M.S.RAMESH,J.
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