Madras High CourtWP(MD)/12138/2011closed

R. Ramamoorthy, v. The Chairman,

2021-02-16Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.12138 and 12139 of 2011 and M.P(MD)Nos.1 and 1 of 2011 R.Ramamoorthy ... Petitioner in Both W.Ps Vs.

1.The Chairman Tamil Nadu Electricity Board, Electricity Avenue, 144, Annasalai, Chennai-600 002.

2.The Chief Engineer (Distribution) Tamil Nadu Electricity Board, Tirunelveli Region, Tirunelveli District.

3.The Superintending Engineer, TNEB, Virudhunagar District.

4.The Executive Engineer (Distribution) TNEB, Virudhunagar District.

5.The Assistant Executive Engineer/ Rural TNEB Virudhunagar District.

... Respondents in W.P(MD) No.12138/2011 1.The Chairman Tamil Nadu Electricity Board, Electricity Avenue, 144, Annasalai, Chennai-600 002.

2.The Superintending Engineer, TNEB, Virudhunagar District.

3.The Executive Engineer (Distribution) TNEB, Srivilluputhur Division, Virudhunagar District.

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4.The Assistant Executive Engineer/ Rural TNEB Virudhunagar District.

5.The Assistant Engineer, Kunnur, Srivilliputhur Town Sub-Division Virudhunagar District. ... Respondents in W.P(MD) No.12139/2011 Prayer in W.P(MD)No.12138 of 2011: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order in Ku.No.Se.Po/Pa/Viruhu/Ni.Pi/Udhavi.1/Ko.O.Na/A.No.75/11 dated 11.04.2011 on the file of the respondent No.4 and the order of the appellate order in Ku.Aa.No.8080/310NiPi4/Udhavi.1/2011 dated 11.07.2011 on the file of the respondent No.3 and quash the same as illegal.

Prayer in W.P(MD)No.12139 of 2011: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Ku.Aa.No.2011/09/Ni.Pi2/Udhavi.1/Ko.Commercial Inspector/2011 dated 12.09.2011 and the subsequent order in Ku.Aa.No.2011/09/NiPi2/Udhavi.1/Ko.V.Aa/2011-4 dated 04.10.2011 on the file of the respondent No.2 and quash the same as illegal and consequently, to direct the respondent No.2 to allow the petitioner to go on voluntary retirement without the conditions mentioned in the aforesaid impugned orders within the time stipulated by this Court.

For Petitioner in both W.Ps : Mr.T.Lajapathi Roy For Respondents : Mr.T.Sakthikumaran in both W.Ps Standing Counsel COMMON ORDER The learned counsel appearing for the petitioner submitted that the petitioner has submitted an application for Voluntary Retirement. While so, the second respondent issued a notice dated 12.09.2011 stating that the said application has to be considered on payment of Rs.11,694/- for unspent punishment, to the credit of the third respondent. Challenging the said conditional order, these writ petitions are filed.

2.The learned Standing Counsel appearing for the respondents filed a typed set of papers, which shows that the said amount was deposited by the petitioner and he was relieved from service on VRS and hence, nothing survives for adjudication in these writ petitions.

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3.In view of the above, these Writ Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) +2 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-5731[F] dated 17/02/2021 ) +1 CC to M/s.T.SAKTHI KUMARAN, Advocate ( SR-5753[F] dated 17/02/2021 ) W.P.(MD)Nos.12138 and 12139 of 2011 and M.P(MD)Nos.1 and 1 of 2011 16.02.2021 KMV(CO) KB(26.04.2021) 3P 4C 3/3