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Madras High CourtWP/26225/2018disposed of

D. Sankar v. The Chairman Cum Managing Director

2018-10-11Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018

CORAM:

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.26225 of 2018 and WMP.NO.28999/2018

1. D.Sankar

2. L.Satheesh Kumar

3. U.Bharanidharan

4. K.Aravind

5. R.Gunalan

6. G.Yogalakshmanan ... Petitioners Vs.

1. The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Gandhi Nagar, Vellore - 6.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, to direct the respondents to absorb the petitioners into respondents' corporation service by considering the petitioners'

representation dated 05.12.2017 in the light of B.P.(9) dated 09.01.2008 within the time frame to be fixed by this Court.

For Petitioner :

Mr.K.Sasindran For Respondents :

Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

ORDER

This writ petition has been filed by the petitioners, seeking direction to the respondents to absorb them into respondents' Corporation service by considering their representation dated 05.12.2017 in the light of B.P.(9) dated 09.01.2008 within the time frame to be fixed by this Court.

2. It is the claim of the petitioners that they have been working as Contract Labours under the Tamil Nadu Electricity Board from the year 1998.

3. It is the contention of the learned counsel appearing for the petitioners that the juniors to the petitioners have obtained regularization of service, but, the services of the petitioners were not regularized and that made the petitioners to submit the representation dated 05.12.2017.

4. It is the claim of the petitioners that they are eligible for absorption in terms of B.P.(9) dated 09.01.2008 and their claim has not been considered. 5.

The learned counsel appearing for the 3rd respondent has submitted that a direction may be issued to the 3rd respondent to consider the representation and to pass orders.

6. Accordingly, the 3rd respondent is directed to consider the representation of the petitioners dated 05.12.2017 in the light of B.P.(9) dated 09.01.2008 and to pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ogy

To

1. The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

2. The Chief Engineer/Personnel, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Salem Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Gandhi Nagar, Vellore - 6.

+1cc to Mr.K.Sasindran , Advocate SR.No. 71420 +1cc to M/s.T.S.Gopalan & Co. , SR.No. 70475 W.P.No.26225 of 2018 and WMP.NO.28999/2018 ASK(30/10/2018)