P. Alagumalai, v. Tamilnadu Electricity Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.1211 of 2013 P.Alagumalai ... Petitioner Vs.

1.Tamil Nadu Electricity Board limited, and other Corporate Entities, represented by its Chairman cum Managing Director, No.144, Anna Salai, Chennai - 02.

2.The Chief Engineer(Personnel) TANGEDCO, No.144, Anna Salai, Chennai - 02.

3.The Superintending Engineer, TANGEDCO, Meenatchinayakkanpatti, Bye-pass Road, Dindigul, Dindigul District.

4.The Executive Engineer, TANGEDCO, Meenatchinayakkanpatti, Bye-pass Road, Dindigul, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent No.4 to provide pensionary benefits to the petitioner within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathy Roy For Respondents : Mr.S.Dhayalan

O R D E R

The grievance of the writ petitioner is that the writ petitioner has served as temporary employee for about 191⁄2 years and as permanent employee for about 31⁄2 years.

2.The learned counsel for the writ petitioner states that as per the amended rule of Tamil Nadu Pension Rule, 50% of the temporary service has to be counted for the purpose of reckoning the qualification of service for grant of pension under the pension rules. Thus, in the event of counting the half of the services, the https://hcservices.ecourts.gov.in/hcservices/

writ petitioner would be eligible for pension under the pension rules. In this regard, the writ petitioner had submitted a representation on 28.03.2012 and the same is yet to be considered. 3.Thus, without going into the merits of the matter, the 4th respondent is directed to consider the representation submitted by the writ petitioner on 28.03.2012 and pass orders on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the particulars related to his service along with the documents, if any, along with the copy of the order passed in this writ petition.

4.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.

Sd/ Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.Tamil Nadu Electricity Board limited, and other Corporate Entities, represented by its Chairman cum Managing Director, No.144, Anna Salai, Chennai - 02.

2.The Chief Engineer(Personnel) TANGEDCO, No.144, Anna Salai, Chennai - 02.

3.The Superintending Engineer, TANGEDCO, Meenatchinayakkanpatti, Bye-pass Road, Dindigul, Dindigul District.

4.The Executive Engineer, TANGEDCO, Meenatchinayakkanpatti, Bye-pass Road, Dindigul, Dindigul District.

+1cc to Mr.T.Lajapathy Roy, Advocate, SR.No. 54125 W.P.(MD)No.1211 of 2013 08.03.2018 mm KK/JC/04.04.2018/SAR-4/2P-6C https://hcservices.ecourts.gov.in/hcservices/