Jose Mercy Nesan.J v. The Chiariman
W.P.(MD) No.7871 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.7871 of 2022 J.Jose Mercy Nesan ... Petitioner Vs
1. The Chairman Tamil Nadu Generation & Distribution Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, NPKRR Maligai Chennai - 2.
2. The Chief Engineer Personal, Tamil Nadu Generation & Distribution Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 2.
3.The Superintending Engineer, Purchase and Administration, Tuticorin Thermal Power Station, Tuticorin-4.
...Respondents
Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to count 50% of contract labour service rendered by the petitioner with the respondents Department from 20.11.1992 to 30.04.1999 for calculation of pensionable service.
For Petitioner :
Mr.M.Saravanakumar For Respondents :
Mr.S.Arivalagan Standing Counsel
O R D E R
The relief sought for in the present Writ Petition is to direct the respondents to count 50% of contract labour service rendered by the petitioner in the respondents Department from 20.11.1992 to 30.04.1999 for calculation of pensionable service. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.7871 of 2022
2. In respect of counting 50% of services, with reference to Rule 11(4) of the Tamil Nadu Pension Rules, which is adopted by TANGEDCO, the Hon'ble Full Bench of this Court settled the principles in the case of the Government Of Tamil Nadu vs R. Kaliyamoorthy reported in 2019 6 CTC 705. Thus, the case of the writ petitioner is also to be considered based on the judgment cited supra. The respondents are directed to verify the service particulars of the petitioner, find out the eligibility and accordingly, take a decision and pass appropriate orders as expeditiously as possible.
3. Accordingly, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To
1. The Chairman Tamil Nadu Generation & Distribution Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, NPKRR Maligai Chennai - 2.
2. The Chief Engineer Personal, Tamil Nadu Generation & Distribution Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 2.
3.The Superintending Engineer, Purchase and Administration, Tuticorin Thermal Power Station, Tuticorin-4.
+1 CC to M/s.M.SARAVANA KUMAR, Advocate ( SR-20851[F] dated 25/04/2022 ) W.P.(MD) No.7871 of 2022 25.04.2022 NA(CO) KB(17.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2