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Madras High CourtWP(MD)/9016/2023disposed of

Pandian @ Suthipandian.V v. The Chief Engineer (Distribution)

2025-11-18Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and W.M.P.(MD).No.8175 of 2023 V.Pandian @ Suthipandian ... Petitioner Vs.

1.The Chief Engineer (Distribution), TANGEDCO, Madurai Region, K.Pudhur, Madurai - 625 007.

2.The Superintending Engineer (Distribution), TANGEDCO, Madurai Electricity Distribution Circle, K.Pudhur, Madurai - 625 007.

3.The Executive Engineer, TANGEDCO, Madurai Electricity Distribution Circle, East Division, Natham Road, Madurai - 625 007.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified mandamus, calling for the records pertaining to the impugned order passed by the third respondent in Ka.No.SePo/Ki/Madhu/VuNi.A/NiMe/Vu1/Ko/A.No. 601/22, dated 13.10.2022 and quash the same as illegal and consequently direct the respondents herein to 1/6

grant the service benefits entitled to the petitioner within the period that may be stipulated by this Court For Petitioner : Ms.R.Yamuna For Respondents : Mr.B.Ramanathan, Standing Counsel

O R D E R

This writ petition has been filed challenging the impugned order dated 13.10.2022 passed by the third respondent, rejecting the petitioner's request for grant of service benefits from the year 2014 onwards, in view of the fact that the petitioner has been reinstated into service.

2. The following are the undisputed facts:

a. Earlier, the petitioner was imposed with the punishment of dismissing him from service. The said punishment order was challenged by the petitioner before this Court in W.P.(MD).No.18435 of 2003. b. By order dated 23.12.2008 passed in the aforesaid writ petition, the petitioner was reinstated into service and the punishment order was modified by making it clear that the petitioner shall not be entitled to get any backwages during the interregnum period.

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3. Pursuant to the aforesaid order, the petitioner has also been reinstated into service by the respondents on 06.09.2010.

4. Through this writ petition, the petitioner claims for grant of service benefits, which includes the period during which the petitioner is not entitled for backwages as per the order dated 23.12.2008 passed by this Court in W.P. (MD).No.18435 of 2003.

5. The learned counsel appearing for the petitioner on instructions would submit that the petitioner is ready to forego his request for payment of service benefits payable to the petitioner in respect of the period for which the petitioner has been debarred from claiming backwages by this Court in its order dated 23.12.2008 in W.P.(MD).No.18435 of 2003. The said period is from 27.08.2001 to 06.09.2010. The learned counsel appearing for the petitioner would also submit that from 27.08.2001 to 06.09.2010 for a period of three years, the petitioner also agrees that he will be entitled only for minimum scale of pay from the respondents.

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6. The learned Standing Counsel appearing for the respondents, on instructions, would submit that if a representation is given by the petitioner in the aforesaid terms, the same will be considered positively by the respondents within a time frame to be fixed by this Court.

7. Accordingly, this writ petition is disposed of by directing the petitioner to submit a representation to the respondents seeking for service benefits in the following terms:

a. The petitioner is eligible for payment of service benefits only from 2014 onwards.

b. The petitioner shall not claim any salary for the period from 27.08.2001 to 06.09.2010.

c. The petitioner is entitled to claim only the minimum scale of pay during the punishment period i.e., from the year 2010 to 2013.

8. The petitioner shall submit his representation on the above lines to the respondents within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, if the same is in accordance with the submissions made by the learned Standing Counsel appearing for the respondents before this Court, the third respondent shall pass final orders on 4/6

merits and in accordance with law and grant relief as prayed for by the petitioner within a period of twelve weeks from the date of receipt of a copy of the representation from the petitioner.

9. With the aforesaid direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 18.11.2025 NCC:yes/no Index:yes/no Internet:yes/no TSG 5/6

ABDUL QUDDHOSE, J TSG 18.11.2025 6/6