Madras High CourtWP(MD)/5114/2015disposed of

Samthuva Trade Union v. The Chairman,

2019-03-06Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.5114 of 2015 and WMP(MD)Nos.1 and 2 of 2015 Samathuva Trade Union Federation Tamil Nadu Electricity Board Wing Represented by its General Secretary ... Petitioner Vs.

1.The Chairman, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, NPKRR Maligai, Chennai - 600 002.

2.The Chief Engineer / Personnel, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, NPKRR Maligai, Chennai - 600 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the 2nd respondent in B.P. Ms. (F.B) No. 65 (Administration Branch) dated 12.08.1985 and quash the same and consequently direct the respondents to fix the Petitioner Union Members Seniority above to the Directly recruited Assistant Engineers in the calendar year in accordance with Sec. 87 (10 A) of Tamil Nadu Electricity Board Regulations.

For Petitioners : Mr.M.Saravanakumar For Respondents : Mr.A.V.Ramanathan

ORDER

This writ petition has been filed seeking to quash the order passed by the 2nd respondent in B.P. Ms. (F.B) No. 65 (Administration Branch) dated 12.08.1985 and consequently direct the respondents to fix the petitioner Union Members Seniority above to the Directly recruited Assistant Engineers in the calendar year in accordance with Sec. 87 (10 A) of Tamil Nadu Electricity Board Regulations. https://hcservices.ecourts.gov.in/hcservices/ 2.Though the prayer in this writ petition is large in nature,

the learned Counsel for the petitioner confined the prayer to the extent of seeking a direction to consider the petitioner's representation submitted to the respondents on 08.01.2015, in respect of fixation of seniority of the petitioner Union Members. Such a prayer is also agreed by the learned Special Government Pleader appearing for the respondents.

3.Under such circumstances, without going into the merits of the case, the respondents are directed to consider the petitioner's representation dated 08.01.2015, on merits and in accordance with law and pass necessary orders, after affording opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

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

2.The Chief Engineer / Personnel, Tamil Nadu Electricity Generation and Distribution Corporation Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, NPKRR Maligai, Chennai - 600 002.

+1cc to Mr.M.Saravanakumar, Advocate, SR.No.52186 +1cc to Mr.A.V.Ramanathan,Advocate, SR.No.52409 ORDER MADE IN WP(MD)No.5114 of 2015 06.03.2019 SP/24.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/