M.Kaleeswari v. The Chief Engineer Personnel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Kaleeswari ...

Petitioner Vs.

1.The Chief Engineer Personnel, Tamil Nadu Generation and Distribution Corporation Limited, Tamil Nadu Electricity Board, No.144, Anna Salai, NPKRR Maligai, Chennai - 600 002.

2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Tamil Nadu Electricity Board, Thoothukudi Distribution Circle, Thoothukudi District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in Fwpg;ghiz vz;.004227/40/G.26/G.262/2016-3, dated 23.03.2016 and quash the same as 1/4

illegal and consequently direct the 1st respondent to promote the petitioner from Assessor Grade -II to Assessor Grade -I, when the petitioners immediate junior has been promoted and to grant all attendant and monetary benefits to the petitioner.

For Petitioner : Mr.V.Palanichamy For Respondents : M/s.M.Parameswari Standing Counsel

ORDER

This writ petition has been filed to challenge the impugned order, dated 23.03.2016, passed by the 1st respondent in Fwpg;ghiz vz;.004227/40/G.26/G.262/2016-3.

2. Heard Mr.V.Palanichamy, learned counsel appearing for the petitioner and M/s.M.Parameswari, learned Standing Counsel, appearing for the respondents. Perused the material documents available on record.

3. The petitioner has claimed promotion to the post of Assessor Grade-II to Assessor Grade-I and the same was rejected by the respondents through the impugned order, dated 23.03.2016, by citing the petitioner is facing 2/4

disciplinary proceedings. Earlier, when the petitioner claimed for promotion, the same was granted in W.P(MD)No.22679 of 2015 and this Court directed the respondents to consider the claim of the petitioner and pass orders. Based on the directions, the impugned order came to be passed.

4. Pending writ petition, the respondents have considered the submissions of the petitioner and completed the disciplinary proceedings and imposed punishment of stoppage of increment, for a period of one year with cumulative effect, through the order, dated 11.07.2011. The period is also over. Now, the petitioner is entitled for considering promotion.

5. Accordingly, this Writ Petition is allowed. The impugned order passed by the 1st respondent in Fwpg;ghiz vz;.004227/40/G.26/G.262/2016-3, dated 23.03.2016 is hereby quashed. Therefore, the respondents are directed to consider the case of the petitioner, if the petitioner is otherwise qualified for granting promotion. No Costs.

Index : Yes / No 16.02.2023 Internet : Yes ksa 3/4

S.SRIMATHY, J ksa Order made in 16.02.2023 4/4