V.Joseph Tamilmarran v. The Suerintending Enginner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.32849 of 2019 and W.MP.No.33278 of 2019 V.JOSEPH TAMILMARRAN ... Petitioner Vs 1 THE Superintending Engineer Vellore Electricity Distribution circle Tamil Nadu Generation and Distribution Corporation Ltd Gandhi Nagar, Vellore-6.
2 The Executive Engineer Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd Distribution Ranipet, Vellore Dist.
3 The Assistant Accounts officer, Revenue Branch Tamil nadu Generation and Distribution Corporation Ltd Ranipet vellore District.
...
Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a WRIT OF MANDAMUS, to forbearing the Respondents from deducting or recovering any amount from the Petitioners salary and consequently direct the Respondents to disburse the arrears of salary to the Petitioner considering his representation dated 6.11.19. For Petitioner : Mr.K.Sasindran For Respondents : Mr.Rakkur Mohideen
O R D E R
1.The present writ petition has been filed by the petitioner praying for the issuance of Writ of Mandamus, to forbear the Respondents from deducting or recovering any amount from the Petitioners salary and consequently direct the Respondents to disburse the arrears of salary to the Petitioner considering his representation dated 6.11.19.
2.Heard both sides.
3.According to the petitioner, he is working as Record Clerk in TNEB and during the month of August 2016, the petitioner met with an accident and sustained serious back pain and thereafter he took treatment for the past two years. While so, the respondents without issuing any show cause notice or order of recovery, deducted Rs.25773/- from July month salary. Meanwhile the 2nd respondent had not paid the salary for the months of August and September-2019. Rs.32,225/- was also recovered from the October month salary by the respondent without issuing any show cause notice or recovery order. Objecting the same, the petitioner made a representation dated 06.11.2019 to respondents. However till date, the grievance of the petitioner has not been redressed. Hence this Writ petition. 4.The learned counsel for the petitioner would submit that it would suffice if this Court directs the respondents to consider and dispose of the representation dated 06.11.2019, made by the petitioner in accordance with law.
5.The learned Government Advocate appearing for the respondents while conceding the claim of the petitioner, would submit that if any such direction is given by this Court, the same would be complied with and the representation of the petitioner dated 06.11.2019, would be disposed of in accordance with law. 6.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, I am inclined to issue a direction to the respondents to consider the representation dated 06.11.2019 made by the petitioner and dispose of the same in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7.With the above observation, this Writ Petition is disposed of. No costs. consequently connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar jrs
To 1 THE Superintending Engineer Vellore Electricity Distribution circle Tamil Nadu Generation and Distribution Corporation Ltd Gandhi Nagar, Vellore-6.
2 The Executive Engineer Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd Distribution Ranipet, Vellore Dist.
3 The Assistant Accounts officer, Revenue Branch Tamil Nadu Generation and Distribution Corporation Ltd, Ranipet, Vellore District.
+1cc to Mr.K.Sasindren, Advocate, S.R.No. 98226 +1cc to Mr.Rakkur Mohideen, Advocate, S.R.No. 98733 W.P.No.32849 of 2019 VG II(CO) GN(30/01/2020)