Madras High CourtWP(MD)/12502/2016disposed of

V.Murugan v. The Superintendent Engineer

2018-04-10Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.12502 of 2016 V.Murugan ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO Limited, Madurai Electricity Distribution Circle / Metro, Madurai-625 007.

2.The Superintending Engineer, Ramanathapuram Electricity Distribution Circle, Ramanathapuram- 623 503.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 07.04.2016 in accordance with the Regulation No.9 of TNEB Service Regulations and pass necessary orders for treating the period from 21.04.2010 to 22.02.2016 during which the petitioner was kept under suspension as 'duty period'.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.S.Dhayalan

ORDER

The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 07.04.2016 in accordance with the Regulation No.9 of TNEB Service Regulations and pass necessary orders for treating the period from 21.04.2010 to 22.02.2016 during which the petitioner was kept under suspension as 'duty period'.

2. Heard Mr.R.Subramanian, learned counsel for the petitioner and Mr.S.Dhayalan, Senior Counsel for the respondent. 3.Though such a large prayer has been made in this writ petition, today, when the case is taken up for hearing, the learned counsel for the petitioner would submit that with regard to his grievances seeking salary for the period between 21.04.2010 to 21.02.2016, the petitioner has made a representation on 07.04.2016 https://hcservices.ecourts.gov.in/hcservices/

to the 1st respondent through the 2nd respondent and the same is still pending consideration before the respondents without passing any order. Therefore, if the said representation of the petitioner is considered on merits and in accordance with law and reasoned order to that effect is passed, the petitioner will be satisfied.

4. I have also heard the Standing Counsel for the respondent. Though, he would submit that the respondent has to file a counter affidavit in this regard, in view of the innocuous prayer, nothing has to be resisted as sought for by the learned counsel for the respondent, hence such an exercise, this Court feels, may not be required at this juncture.

5. In view of the above submission, this writ petition is disposed of with the following direction.

6. That the petitioner's representation dated 07.04.2016 with regard to his salary for the period from 21.04.2010 to 21.02.2016 shall be considered on merits and in accordance with law and reasoned order to that effect shall be passed by the first respondent within a period of six weeks from the date of receipt of a copy of this order.

7. With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar TO The Superintending Engineer, TANGEDCO Limited, Madurai Electricity Distribution Circle / Metro, Madurai-625 007.

+1cc to Mr.R.Subramanian, Advocate, SR.No.60673 pnn RL/3C/2P/KK/SAR1/25/4/2018 W.P.(MD) No.12502 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 10.04.2018