T.Shalini v. The Chief Engineer (Personnel)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.17772 & 17774 of 2023 T.Shalini ... Petitioner Vs.

1.The Chief Engineer (Personnel), Tamil Nadu Generation & Distribution Corporation Limited, No.144, Anna Salai, Chennai.

2.The Executive Engineer, Distribution, Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO), Tenkasi.

... Respondents Prayer : Writ Petition 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 Ka.No.Se.Po/Vi/Then/U.Ni. A/NiPi/Ni.U.2/Ko.Koppu/A.No.1445/2023, dated 20.07.2023 on the file of the second respondent and quash the same is illegal and consequentially for a 1/5

direction, directing the respondents to disburse all the terminal benefits to the petitioner along with interest.

For Petitioner : Mr.G.Karthik for M/s.Lajapathi Roy and Associates For Respondents : Mr.S.Arivalagan Standing Counsel

ORDER

The present writ petition has been filed by a daughter of the deceased employee seeking to quash the order passed by the second respondent herein, wherein he was directed to deposit a sum of Rs.2,64,211/- towards un-implemented increment cuts.

2. Pending writ petition, as per the calculation memo submitted by the respondent authorities, the petitioner is having a sum of Rs.4,34,367/- to his credit through earned leave amount and leave on private affairs. However, the petitioner has to pay a sum of Rs.4,48,986/- towards the loan obtained by him from the Society. The calculation memo further points out that the petitioner's father has to pay a sum of Rs.2,78,830/- towards un-implemented increment cut 2/5

and other loan. The calculation memo further points out after deducting the entire amounts due to the TANGEDCO as well as to the Society, the petitioner would be eligible to receive a sum of Rs.8,96,865/-.

3. The learned Counsel appearing for the petitioner on instructions, submits that the petitioner is ready and willing to receive the said amount as a full and final settlement from the respondent Corporation and he will not make any other claim from the respondent Corporation.

4. In the light of above said facts, this Court passes the following order: "(i) The respondent authorities are directed to disburse Rs.8,96,865/- to the writ petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

(ii) The respondent authorities are directed to release family pension from 21.12.2022. The arrears of family pension shall also be disbursed to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order."

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5. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

13.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Chief Engineer (Personnel), Tamil Nadu Generation & Distribution Corporation Limited, No.144, Anna Salai, Chennai.

2.The Executive Engineer, Distribution, Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO), Tenkasi.

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R.VIJAYAKUMAR, J.

BTR 13.12.2023 5/5