S.Chellappa, v. The Superintendent Engineer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.03.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.16537 of 2017 S.Chellappa ... Petitioner vs.
1.The Superintendent Engineer, Pudukottai Electricity Distribution Circle, TANGEDCO, Pudukottai, Pudukottai District.
2.The Executive Engineer, TANGEDCO Aranthangi Circle, Aranthangi, Pudukottai District.
3.The Assistant Engineer, TANGEDCO Kumaramangalam, Keeranur, Pudukottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent to issue the petitioner the rejoining order and the concerned monetary benefits along with the back wages that were accrued during the period of non allotment of work in the Department based on the petitioner's representation, dated 06.07.2017. For Petitioner : Mr.D.Selvaraj For Respondents : Mr.M.Balasubramanian
ORDER
The Writ Petition is filed seeking a direction to the second respondent to issue the petitioner the rejoining order and pay him the monetary benefits along with the back wages, based on the petitioner's representation, dated 06.07.2017.
2. Heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents and perused the materials available on record.
https://hcservices.ecourts.gov.in/hcservices/
3. The case of the petitioner is that he was working as a wireman under the respondent Electricity Board at Pudukkottai District. He obtained leave without giving any prior notice, for which, an enquiry was conducted and thereafter, the first respondent issued an order along with enquiry charges report by stating that due to the departmental proceedings, the petitioner was reverted back to the post of helper to the second respondent circle. However, the second respondent has not issued rejoining order. Hence, he made a representation to the second respondent on 06.07.2017. Since the same has not been considered so far, the present writ petition has been filed.
4. The learned Counsel appearing for the respondent submitted that the representation of the petitioner would be considered by the second respondent within a time frame as fixed by this Court.
5. Considering the limited nature of the prayer sought for by the petitioner, without going into the merits of the case, the second respondent is directed to consider the representation of the petitioner dated 06.07.2017 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) ssl To 1.The Superintendent Engineer, Pudukottai Electricity Distribution Circle, TANGEDCO, Pudukottai, Pudukottai District.
2.The Executive Engineer, TANGEDCO Aranthangi Circle, Aranthangi, Pudukottai District.
3.The Assistant Engineer, TANGEDCO Kumaramangalam, Keeranur, Pudukottai District.
W.P(MD)No.16537 of 2017 21.03.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/DS/23.04.2019/2P/4C