Madras High CourtWP(MD)/8917/2023disposed of

Manickam.D v. The Superintendent Engineer

2023-06-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN D.Manickam ... Petitioner Vs 1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation, Sivagangai District, Sivagangai.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Thiruppathur, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated on 19.10.2022 and to provide the promotions and pending salary Rs.6,33,000/- with nominal interest to the petitioner. For Petitioner : Mr.P.Aju Tagore For Respondents : Mrs.M.Parameswari Standing Counsel 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner is presently working as Assessor Grade II in TANGEDCO. The petitioner seeks promotion. It appears that he was not considered for promotion on account of his alleged involvement in Crime No. 33 of 2011 on the file of Kalaiyarkoil Police Station. The stand of the petitioner is that he is not an accused in that case. His name is not included in the FIR. Charge sheet was also not filed. On the other hand, the case was closed by the jurisdictional Magistrate by invoking the Section 468 Cr.P.C.

3. The first respondent is directed to consider the petitioner's representation regarding promotion. The first respondent will pose a query to himself if the petitioner's promotion can be withheld for any sustainable reason. All the contentions put forth by the petitioner in his representation shall be taken into account before passing final order and appropriate order shall be passed by the first respondent within a period of eight weeks from the date of receipt of a copy of this order.

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4. This writ petition is disposed of accordingly. There shall be no order as to costs.

30.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation, Sivagangai District, Sivagangai.

2.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Thiruppathur, Sivagangai District.

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G.R.SWAMINATHAN, J.

MGA 30.06.2023 4/4