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Madras High CourtWP/29958/2018disposed of

K.Amaravathy v. The Chairman,

2019-01-29Honourable Mr Justice R. Mahadevan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2019

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.29958 of 2018 1.K.Amaravathy 2.T.Tamil Selvi 3.C.Thailappan 4.P.Krishnan 5.P.Veerammal 6.R.Sagaya Selvi 7.C.Pappa 8.Pappa @ Rani 9.K.Sowthri 10.R.Lakshmi 11.K.Vijayalakshmi 12.G.Bhavani 13.S.Kuppayee 14.G.Selvi 15.K.Thangam 16.M.Unnamalai 17.M.Palaniammal 18.K.Appusamy 19.G.Angammal 20.P.Rajathi 21.S.Vaitheeswari 22.K.Thailammal 23.G.Solaiammal 24.K.Srinivansan 25.S.Gowri 26.S.Veerammal 27.R.Thangaraj 28.D.Bakkiyalakshmi 29.C.Thangaraj 30.P.Dhanabakkiyam 31.N.Selvi 32.M.Chitra 33.M.Shanthi 34.K.Athayammal 35.M.Gomathi 36.S.Sathya 37.R.Thillai Natarajan 38.M.Sumathi 39.A.Sumathi 40.M.Kasthuri 41.S.Ayyammal

42.A.Arunkumar 43.R.Kuppayee 44.M.Ramayee 45.C.Manikam 46.C.Vijaya 47.P.Maheswari 48.P.Veerammal 49.P.Thiyagarajan 50.C.Mariappan 51.M.Saroja 52.K.Natesan 53.A.Krishnaveni 54.M.Lakshmi 55.P.Kalai Selvi 56.A.Mani 57.M.Saraswathy 58.A.Meenakshi 59.M.Bharathi 60.G.Gurusamy 61.G.Muthammal 62.A.Sambu 63.Lakshmi 64.R.Kalaimani 65.K.Pappa 66.K.Palaniammal 67.K.Devika 68.P.Ranjitham 69.P.Saraswathy 70.M.Mahalakshmi 71.N.Parimala 72.M.Sagunthala 73.V.Geetha ... Petitioners Vs 1.The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

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

3.The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Mettur Dam, Salem District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to directing the respondents to pass orders on the representation of the petitioners dated 05.07.2018, in the light of the order passed in Memo No.081451/1310/G422/2017-1, dated 28.09.2017, on the file of the second respondent and to repost the petitioners in the existing vacancy as full time regular employee with all attendant benefits, instead of part time conservancy workers. For Petitioners : Mr.A.M.Esakkiappan For Respondents : Mr.P.R.Dilipkumar

ORDER

The prayer made in this writ petition is to direct the respondents to pass orders on the representation of the petitioners dated 05.07.2018, in the light of the order passed in Memo No.081451/1310/G422/2017-1, dated 28.09.2017, on the file of the second respondent and to repost the petitioners in the existing vacancy as full time regular employee with all attendant benefits instead of Part Time Conservancy Workers. 2.When the matter was taken up for consideration, the learned counsel for the petitioners submitted that in respect of the similar issue, the petitioners, who were similarly placed as that of the petitioners herein, approached this Court by filing WP.Nos.25432 and 25433 of 2013 and those writ petitions were disposed of, vide order dated 09.01.2014. Therefore, the learned counsel prayed for a similar order in this writ petition as well.

3.The learned counsel appearing for the respondents has no objection in following the order dated 09.01.2014 passed in WP.Nos.25423 and 25433 of 2013.

4.This Court, after considering the submissions made by the parties and on perusal of the documents filed in the form of typed set of papers, more particularly, the earlier order dated 09.01.2014 passed by this Court in WP.Nos.25423 and 25433 of 2013, is of the view that in the light of the earlier order cited supra, the present writ petition could also be disposed

of, on the same lines.

5.Accordingly, this writ petition stands disposed of, with a direction to the respondents /TANGEDCO to consider the petitioners' representation dated 05.07.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioners, within a period of eight weeks from the date of receipt of a copy of this order. It is needless to say that while considering the request of the petitioners, the first respondent shall take into account of the similar benefits given to the other employees as claimed by the petitioners herein. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

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

3.The Superintending Engineer, Mettur Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation, Mettur Dam, Salem District.

+2cc to Mr.A.M.Esakkiappan, Advocate, S.R.No.7357 +1cc to Mr.P.R.Dhilipkumar, Advocate, S.R.No.6988 W.P.No.29958 of 2018 GSP(28/02/2019)