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Madras High CourtWP(MD)/2431/2017disposed of

I. Rose Edmond v. The Superintending Engineer

2019-03-14Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.2431 of 2017 I.Rose Edmond ... Petitioner Vs.

1.The Superintending Engineer, Gopichettipalayam Electricity Circle, Gopichettipalayam, Erode District.

2.The Chief Internal Audit Branch, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai - 600 002.

3.The Executive Engineer, Tamil Nadu Electricity Board, Sathiyamangalam, Erode District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the third respondent to send the revised pay scale and pension particulars to the petitioner as per the letter of the first respondent in 2534/143/Adm.111/143/2008, dated 31.03.2008 sent to the third respondent and also be pleased to pass orders directing the third respondent to issue revised pension at the rate of Rs.5,500/- per month from the date of 11.01.2002 with other allowances with arrears to the petitioner.

For Petitioner :

Mr.S.Devasena

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the third respondent to send the revised pay scale and pension particulars to the petitioner as per the letter of the first respondent, dated 31.03.2008 and further, direct the third respondent to issue revised pension with other allowances. 2.The case of the petitioner is that he joined as a Cashier in TNEB on 22.07.1985 and while he was in service, he was punished by the respondents and the said punishment period was completed on 11.01.2002 and thereafter, he was permitted to retire from service on 30.06.2002. Since his salary was not revised, the petitioner sent a representation to the first respondent, for which, the first https://hcservices.ecourts.gov.in/hcservices/

respondent, vide letter, dated 11.07.2016 stated that the petitioner's salary and other benefits were revised, vide, order dated 31.03.2008 and directed the petitioner to approach the third respondent. Hence, the petitioner sent a representation to the third respondent on 21.11.2016 to send the revised pay and pension particulars. Since the same has not been considered by the third respondent, the petitioner has filed the present Writ Petition. 3.Heard the learned counsel appearing for the petitioner, who submitted that the petitioner would be satisfied, if his representation is directed to be considered by the respondents, on merits.

4.In view of the limited nature of the relief sought for herein, this Court, without issuing notice to the respondents, directs them to consider the representation of the petitioner, dated 21.11.2016 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner. Such an exercise shall be completed by the respondents within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (W) / True Copy / Sub Assistant Registrar(CS) To 1.The Superintending Engineer, Gopichettipalayam Electricity Circle, Gopichettipalayam, Erode District.

2.The Chief Internal Audit Branch, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai - 600 002.

3.The Executive Engineer, Tamil Nadu Electricity Board, Sathiyamangalam, Erode District.

W.P(MD)No.2431 of 2017 14.03.2019 ps ES/KK/15.04.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/