Vinoth Kumar. G v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.13957 of 2024 G.Vinoth Kumar ... Petitioner Vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), N.P.K.R.R. Maaligai, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), N.P.K.R.R. Maaligai No.144, Anna Salai, Chennai - 600 002.
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3. The Chief Engineer, Distribution, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Trichy Electricity Distribution Circle, Trichy.
4.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Trichy Electricity Distribution Circle, Trichy.
....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to provide promotion in the post of Foreman Grade I with effect from 20.06.2024 and fix the pay in the cadre of Foreman Grade I in the light of B.P. (FB) No.38 (Secretariat Branch) dated 11.10.2010. For Petitioner : Mrs.M.Rajeswari, For Respondents : Mr.B.Ramanathan Standing Counsel 2/7
ORDER
The present writ petition has been filed seeking a Writ of Mandamus to direct the respondents to provide promotion in the post of Foreman Grade I with effect from 20.06.2024 and fix the pay in the cadre of Foreman Grade I in the light of B.P. (FB) No.38 (Secretariat Branch) dated 11.10.2010.
2. Heard Mrs. M.Rajeswari, learned counsel appearing for the petitioner and Mr.B.Ramanathan, learned Standing Counsel appearing for the respondents.
3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
4. The learned counsel for the petitioner submitted that as per the board proceedings, if any disciplinary proceeding is pending against the individual for imposing any minor punishment, they shall not be treated as a hurdle for considering his name for promotion. 3/7
5. The learned Standing Counsel for the respondents submitted that the major disciplinary proceedings have been pending against the petitioner and only because of that the name of the petitioner has not been included in the panel. However, the charges given against the petitioner does not state whether it attracts major punishment or for minor punishment.
6. However, learned counsel for the petitioner submitted that similarly placed persons who have been facing similar charges have already been considered for promotion.
7. If there is a precedent to that effect appropriate orders be passed on the representation of the petitioner by considering the nature of charges and the proceedings contemplated to be initiated against the petitioner, .
8. With the above observation and direction, the writ petition is disposed of and the second respondent is directed to consider 4/7
the petitioner's case and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.
28.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7
To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), N.P.K.R.R. Maaligai, No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO), N.P.K.R.R. Maaligai No.144, Anna Salai, Chennai - 600 002.
3. The Chief Engineer, Distribution, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Trichy Electricity Distribution Circle, Trichy.
4.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, (TANGEDCO), Trichy Electricity Distribution Circle, Trichy.
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R.N.MANJULA , J.
RM Order made in W.P.(MD)No.13957 of 2024 28.06.2024 7/7