Krishnan .P v. The Chief Engineer / Personal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.30899 of 2023 P.Krishnan ... Petitioner Vs.

The Chief Engineer/Personnel, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO), 6th Floor, TANGEDCO Building, 144, Anna Salai, Chennai-600 002.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner's written representation, dated 10.08.2023 within the time limit that may be fixed by this Court.

For Petitioner : Mr.B.Anandan For Respondent : M/s.M.Parameshwari Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking a direction to the respondent to consider the petitioner's written representation, dated 10.08.2023 within the time limit that may be fixed by this Court.

2. The petitioner was working under the respondent Corporation since 1971 till 2011. He joined as a temporary casual labour on 13.07.1971 and he was promoted to several posts and on 10.05.2010, he was promoted as Foreman Special Grade. On attaining the age of superannuation, he retired on 28.02.2011. On 10.08.2023, the petitioner has made a representation seeking annual increment on pension. However, the same was not considered. Hence, this writ petition came to be filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would 2/4

amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

4. Without going into the merits of the case, this Court hereby direct the respondents to consider the petitioner's representation, dated 10.08.2023 and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of copy of this order.

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

03.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To The Chief Engineer/Personnel, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., (TANGEDCO), 6th Floor, TANGEDCO Building, 144, Anna Salai, Chennai-600 002.

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L.VICTORIA GOWRI, J.

gbg W.P(MD)No.30899 of 2023 03.01.2024 4/4