Madras High CourtWP(MD)/17316/2017disposed of

A.Maheswaran, v. Tamil Nadu Generation And

2019-03-13Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN WP(MD)No.17316 of 2017 A.Maheswaran ... Petitioner Vs.

1.Tamil Nadu Generation and Distribution Corporation Ltd, Represented by its Chairman cum Managing Director, No.144, Anna Salai, Chennai -600 002.

2.The Superintending Engineer, Office of the Superintending Engineer Virudhunagar Electricity Distribution Circle, TANGEDCO, Ramamoorthy Road, Virudhunagar, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to provide the salary to the petitioner for the period from 30.08.2016 to 30.12.2016 (123 days) within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapthi Roy, For Respondents : Mr.G.Kasinathadurai Standing Counsel

ORDER

This writ petition has been filed seeking to direct the respondents to provide the salary to the petitioner for the period from 30.08.2016 to 30.12.2016.

2.The learned Counsel for the petitioner submitted that petitioner's prayer against the transfer order issued by the respondent Department was negatived in WP(MD)No.10087 of 2016. Even thereafter the petitioner could not join duty, from 30.08.2016 to 30.12.2016. In the meanwhile, the absent period of the petitioner was directed to be regularised by this Court in WP(MD)No.23516 of 2016 on 02.12.2016. As the petitioner's claim to pay him salary for the said period, has not been considered so far, the petitioner is before this Court.

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3.The learned Standing Counsel appearing for the respondents would submit that the representation of the petitioner would be considered on merits by the respondents.

4.Under such circumstances, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 16.05.2017, on merits and in accordance with law, and pass necessary orders, after affording due opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) / True Copy / Sub Assistant Registrar(CS) To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd, No.144, Anna Salai, Chennai -600 002.

2.The Superintending Engineer, Office of the Superintending Engineer Virudhunagar Electricity Distribution Circle, TANGEDCO, Ramamoorthy Road, Virudhunagar, Virudhunagar District.

+1 CC to Mr.G.KASINATHA DURAI, Advocate(SR-53672[F]dated 13/03/2019) +1 CC to M/s.T.LAJAPATHI ROY, Advocate(SR-53906[F] dated 14/03/2019) WP(MD)No.17316 of 2017 13.03.2019 dsk ES/DS/23.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/