Madras High CourtWP(MD)/24464/2016disposed of

Prabakaran, v. The Principal Secretary To

2022-03-23Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD).No.24464 of 2016 Prabakaran ... Petitioner Vs.

1.The Principal Secretary to Government, Secretariat, Chennai - 600 009.

2.The Chairman, Annasalai, Chennai - 600 002.

3.The Chief Engineer, Thennur, Tiruchirappalli - 620 017.

Thanjavur.

proceedings Letter No.6372/epgp/3/c.1/Nfh.e P.k.t/2016, dated 10.06.2016 and quash the same and consequently direct the respondents 1 to 4 to absorb the petitioner by considering his services with the fourth respondent for more than 13 years in the Tamilnadu Electricity Board.

W.P.(MD).No.24465 of 2016 Balasubramanian ... Petitioner Vs.

1.The Principal Secretary to Government, Secretariat,Chennai - 600 009.

1/4

2.The Chairman, Annasalai, Chennai - 600 002.

3.The Chief Engineer, Thennur, Tiruchirappalli - 620 017.

Mannarpuram, Tiruchirappalli.

proceedings Letter No.455-1/Adm.II/A1/F.CL Court Case/2016, dated 26.04.2016 and quash the same and consequently direct the respondents 1 to 4 to absorb the petitioner by considering his services with the fourth respondent for more than 18 years in the Tamilnadu Electricity Board.

W.P.(MD).No.24466 of 2016 Mahendran ... Petitioner Vs.

1.The Principal Secretary to Government, Secretariat, Chennai - 600 009.

2.The Chairman, Annasalai, Chennai - 600 002.

3.The Chief Engineer, Thennur, Tiruchirappalli - 620 017.

2/4

Mannarpuram, Tiruchirappalli.

proceedings Letter No.455-2/Adm.II/A1/F.CL Court Case/2016, dated 26.04.2016 and quash the same and consequently direct the respondents 1 to 4 to absorb the petitioner considering his services with the fourth respondent for more than 14 years in the Tamilnadu Electricity Board.

(In all Writ Petitions) For Petitioner : Mr.T.M.Madasamy For R-1 : Mr.N.Ramesh Arumugam Government Advocate(Civil Side) For R-2 and R-3 : Mr.Anand Gopalan for M/s.T.S.Gopalan & Co.

COMMON ORDER The petitioners are seeking to quash the impugned order dated 01.06.2016 and consequently direct the respondents to absorb the petitioners by considering their services respectively.

2. The learned counsel appearing for the respondents submitted that since it involves evidence, factual matrix and therefore cannot be heard under Article 226 of the constitution of India. The petitioners are seeking permanency. Admittedly, scrutiny of evidence is necessary. Therefore, this Court is granting liberty to the petitioners to approach the appropriate forum and seek remedy.

3. With this liberty, the Writ Petitions are disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr 3/4

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Principal Secretary to Government, Secretariat, Chennai - 600 009.

+1 CC to M/s.T.S.GOPALAN & CO, Advocate ( SR-14416[F] dated 25/03/2022 ) +1 CC to M/s.SPL GP ( SR-14268[F] dated 24/03/2022 ) 23.03.2022 SRR(CO) KB(04.04.2022) 4P 4C 4/4