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Madras High CourtCONT P(MD)/1401/2021closed

M.Rajendran v. Rajesh Lakhoni

2022-03-24Honourable Mr Justice S.M. Subramaniam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Rajendran ... Petitioner in Cont.P.(MD) No.1401/2021 A.Jeyaraj ... Petitioner in Cont.P.(MD) No.1602/2021 G.Krishnan ... Petitioner in Cont.P.(MD) No.1603/2021 -vs1. Rajesh Lakhoni, I.A.S., The Chairman Cum Managing Director, TANGEDCO, 10th Floor, NPKRR Maaligai, 144 Anna Salai, Chennai-600 002.

2. A.Manikkannan, Secretary, TANGEDCO, 9th Floor, NPKRR Maaligai, 144 Anna Salai, Chennai-600 002.

3. K.V.Kalyanaraman, The Chief Internal Audit Officer, Audit Branch, 1st Floor, NPKRR Maaligai, 144 Anna Salai, Chennai-600 002.... Respondents in all Petitions Prayer in all Petitions:- Petitions filed under Section 11 of the Contempt of Courts Act to initiate contempt proceedings against the Contemnors/Respondents and punish the Respondents/Contemnors for the willful disobedience of the order of this Court in W.P.(MD)Nos.7423, 7421 and 7425 of 2013 respectively, dated 24.11.2020. Prayer in WP(MD). 7423/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court TO issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned order in Office Order NO. 546/F.1/F.12/2013, dated 02.04.2013 and the consequential order of promotion in Office Order No. 571/F.1/F.12/2013, dated 08.04.2013 on the file of the Respondent No.3 and quash the same as illegal to the extent of promoting the Respondent No.5 to the post of Internal Audit Officer and consequently to direct the Respondent No.3 to promote the candidates including the petitioner strictly following th eTNEB 1/4

Service Regulations prescribing necessary qualifications within the time stipulated by this Honourable Court and pass such further or other orders.

Prayer in WP(MD). 7421/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court TO issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Panel in (Per)CMD, TANDGEDCO, Proceeding No.2, (Audit Branch) dated 28.03.2013 and the consequential order of promotion in Office Order No.427/F.1/F.12/2013, dated 28.03.2013 on the file of the Respondents No. 2 and 3 and quash the same as illegal to the extent of promoting the Respondents No.5 to 8 as Assistant Audit Officers and consequently to direct the Respondent No.3 to promote the candidates including the petitioner strictly following the TNEB Service Regulations prescribing necessary qualifications with the time stipulated by this Honble Court.

Prayer in WP(MD). 7425/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court TO issue a Writ of Certiorarified Mandamus pertaining to the impugned order in Office No. 582/F.1/F.12/2013, dated 12.04.2013 on the file of the Respondent No.3 and quash the same as illegal to the extent of promoting the Respondents NO.5 and Internal Audit Officer and consequently to direct the Respondnet NO.3 to promote the candidates including the petitioner strictly following the TNEB Service Regulations prescribing necessary qualifications with the time stipulated by this Honble Court.

In all Petitions :- For Petitioner :

Mr.S.Louis For Respondents :

Mr.Veerakathiravan, Additional Advocate General assisted by Mr.T.Sakthi Kumar COMMON ORDER These contempt petitions have been filed to punish the respondents for their wilful disobedience of the order passed by this Court on 24.11.2020 in W.P.(MD) Nos.7423, 7421 and 7425 of 2013 respectively.

2. This Court passed an order in para 12 as follows:- "12.In these view of the matter, the following orders are passed, 2/4

(i)The respondents 3 and 4 are directed to verify the entire service records of the employees concerned and ascertain the validity of their educational qualifications and other eligible criteria prescribed in the rules as well as in the Board Proceedings and accordingly, take a decision to consider the names for the promotion to the post of Assistant Account Officer by following the procedure contemplated.

(ii) In the event of any changes or amendments are sought to be made, then appropriate orders to be passed and accordingly, the promotions are to be granted by following the procedure contemplated. (iii) After verification, if the authorities found that the petitioners are to be promoted then appropriate decision is to be taken to promote the seniors on par with their juniors with all attendant benefits.

(iv) The respondents 3 and 4 are directed to strictly follow the judgment of the Hon'ble Supreme Court of India and the High Court in the matter of validity of the degree qualification in consonance with the regular pattern of education prescribed by the university Grants Commission.

(v) The respondents 3 and 4 are directed to pass appropriate orders after taking decision in all these issues, as expeditiously as possible, preferably, within a period of four months from the date of receipt of a copy of this order."

3. Perusal of the order would reveal that the respondents have to verify the service records of the employees concerned and after verification, consider grant of promotion and other benefits. The comprehensive order passed by this Court was implemented by the 3rd respondent in proceedings dated 18.08.2021.

4. The learned Additional Advocate General appearing on behalf of the respondents reiterated that the directions issued by this Court have been implemented by verifying the service records and by considering the cases of the writ petitioners.

5. The detailed order passed by the 3rd respondent on 18.08.2021 would reveal that other aspects of the service records were taken into consideration for passing such orders. If at all the petitioners are not satisfied with the order passed by the 3rd 3/4

respondent, it is for the petitioners to challenge the same in the manner known to law. Contrarily, this Court cannot consider the grounds raised for initiation of contempt.

6. Accordingly, the contempt petitions are closed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To

1. Mr.Rajesh Lakhoni, I.A.S., The Chairman Cum Managing Director, TANGEDCO, 10th Floor, NPKRR Maaligai, 144 Anna Salai, Chennai-600 002.

2. Mr.A.Manikkannan, Secretary, TANGEDCO, 9th Floor, NPKRR Maaligai, 144 Anna Salai, Chennai-600 002.

3. Mr.K.V.Kalyanaraman, The Chief Internal Audit Officer, Audit Branch, 1st Floor, NPKRR Maaligai, 144 Anna Salai, Chennai-600 002.

4. Mr.R.Krishnamoorthy, The Chief Engineer/Personnel, TNAGEDCO, 8th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai-600 002.

Cont.P.(MD) Nos.1401, 1602 & 24.03.2022 kg(CO) TR(08.04.2022) 4P 5C 4/4