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Madras High CourtWA(MD)/191/2026dismissed

The Chairman And Managing Director v. S.Vijayakumar

2026-02-19Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.A.(MD)No.191 of 2026 and C.M.P.(MD)No.1969 of 2026 1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Chennai.

2.The Secretary, Tamil Nadu General and Distribution Corporation Limited (TANGEDCO), Chennai.

3.The Superintending Engineer, Kanyakumari Electricity Distribution Circle (TANGEDCO), Nagercoil.

4.The Executive Engineer, Distribution Tamil Nadu, Electricity Board (TANGEDCO), Nagercoil, Kanyakumari District.

... Appellants -vsS.Vijayakumar ... Respondent PRAYER: Writ Appeal filed under Clause XV of the Letters Patent Act, praying to praying to set aside the order made in W.P.(MD)No.25124 of 2025 dated 22.09.2025 and allow this Writ Appeal. For Appellants : Mr.S.Arivalagan For Respondents : Mr.S.C.Herold Singh

JUDGMENT

[Judgment of the Court was made by DR.G.JAYACHANDRAN, J.] The order of the Executive Engineer, TANGEDCO, Nagercoil dated 03.08.2024, refusing to grant incentive to the writ petitioner namely Vijayakumar on account of his clearing departmental test came to be challenged in W.P.(MD)No.25124 of 2025. The Chairman of TANGEDCO, contested the Writ Petition stating that as per the clarification issued by the Chairman cum Managing Director, TANGEDCO vide Memo.(Per.) No.

17591/A16/A162/2022-14 dated 17.07.2025, the incentive granted to the Chief Engineer / Superintending Engineer for passing departmental test for Accounts Officer before 28.05.2020, will be applicable only to those who are in Accounts cadre. Whereas, contending that the writ petitioner is in the Technical cadre, the impugned order of refusing to grant incentive is sustainable.

2.Learned Single Judge, recording the contention of the writ petitioner as well as the TANGEDCO has passed the following order: "3.In view of the communication of the first respondent dated 17.07.2025, the order impugned, dated 03.08.2024 is set aside and the claim of the petitioner shall be reconsidered in line with the communication of the first respondent dated 17.07.2025. Such exercise shall be carried out by the fourth respondent, within a period of four [4] weeks from the date of receipt of a copy of this order." 3.Aggrieved by the said direction, TANGEDCO is before this Court through the intra court appeal. The learned Standing Counsel appearing for the appellants submitted that clarification letter dated 17.07.2025 clearly states that the benefit is applicable only to the officers in the

Accounts cadre who passed the account test prior to 28.05.2020, whereas the writ petitioner is a Junior Engineer Grade-II passed the Electricity Department Account Test for Technical officers and he is not working in the Accounts department. Therefore, he is not entitled. 4.The above contention of the appellants, if it is factually correct and legally sustainable, there is no impediment for the appellants to comply the directions of the learned Single Judge to consider the representation and pass orders within four weeks. Also, there is no necessity to challenge the said order by way of intra court appeal. The learned Single Judge has directed the appellants to re-consider the claim of the writ petitioner in line with the clarification issued by the department on 17.07.

2025, within a period of four [4] weeks from the date of receipt of a copy of the order. Instead of carrying on the said exercise stated by the Court and passing orders in accordance with their Rule, this Writ Appeal is filed. We are of the view that the exercise taken by the appellant is a futile exercise, just to avoid following the direction issued by the learned Single Judge. 5.Hence, the Writ Appeal stands dismissed.

four [4] weeks from today. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. [G.J., J.] & [K.K.R.K., J.] 19.02.2026 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No MR

To 1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Chennai.

2.The Secretary, Tamil Nadu General and Distribution Corporation Limited (TANGEDCO), Chennai.

3.The Superintending Engineer, Kanyakumari Electricity Distribution Circle (TANGEDCO), Nagercoil.

4.The Executive Engineer, Distribution Tamil Nadu, Electricity Board (TANGEDCO), Nagercoil, Kanyakumari District.

DR.G.JAYACHANDRAN, J.

AND K.K.RAMAKRISHNAN, J.

MR W.A.(MD)No.191 of 2026 19.02.2026