THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.40745 of 2022
ORDER:
Heard learned counsel for the petitioner and Sri Zakir Ali Danish, learned standing counsel for TSNPDCL appearing for respondents. With the consent of both the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking a writ of mandamus to declare that consequent to Petitioners acquittal in the criminal case vide Judgment dated 15.11.2002 in Criminal Appeal No 36/2001 on merits , petitioner is entitled to have the period of suspension of 1641 days and the period of out of employment be treated as on duty for all purposes and the absence period as on leave to which the Petitioner is eligible and be sanctioned and pay increments and pension accordingly with all consequential benefits in the interest of justice duly holding the action of the Respondents in denying pay increments and pension to the Petitioner by not regulating the period of suspension from 28.07.1998 to 26.01.2003 and the out of employment period i.e., the from the date of dismissal from service to date of reinstatement into service i.e., 27.01.2003 as on duty as being illegal unjust arbitrary contrary to the provisions of Fundamental Rule No 54-B and in violation of Articles 14 and 300-A of the Constitution of India. 2
3. Though various grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a direction to respondent authorities to consider the petitioner representation, dated 02.08.2022.
4. Sri Zakir Ali Danish, learned standing counsel for TSNPDCL appearing for respondents submits that if the said representation is still pending for consideration, the respondent authorities may be directed to consider the said representation and pass appropriate orders in accordance with law.
5. In view of the submission made by the both the learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing respondent Nos.2 and 3 to dispose the petitioner's representation, dated 02.08.2022 and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of five (05) weeks from the date of receipt of the order, after giving a fair opportunity of hearing to the petitioner and communicate the same to the petitioner.
6. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 08.11.2022 SHA