Madras High Court
D.Soundararajan vs The Chairman Cum Managing ... on 29 January, 2021
W.P.No.33211 of 2014 & WMP.No.3051 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.33211 of 2014
and
WMP.No.3051 of 2016
D.Soundararajan ... Petitioner
Vs
1. The Chairman cum Managing Director,
Tamilnadu Generation and
Distribution Corporation Ltd (TANGEDCO),
144, Anna Salai, Chennai 2.
2. The Chief Engineer/Personnel,
Tamilnadu Generation and Distribution
Corporation Limited (TANGEDCO),
144, Anna Salai, Chennai 2.
... Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus directing the first respondent
herein to consider and pass orders on merits and in accordance with law on
the petitioner's representation dated 21.01.2013 regarding sanction of
pension to the petitioner in the light of the Judgment of Division Bench of
this Hon'ble Court reported in 2009 WLR page 12, with in a time frame as
deem fit and proper by this Hon'ble Court.
1/6
https://www.mhc.tn.gov.in/judis/
W.P.No.33211 of 2014 & WMP.No.3051 of 2016
For Petitioner : Mr.G.Bala & Daisy
For Respondents : Mr.M.Fakker Mohideen
ORDER
Heard both sides and perused the materials placed before this Court.
2.This writ petition has been filed for a direction to the first
respondent to consider the petitioner's representation dated 21.01.2013
relating to sanction of pension and pass orders on merits and in accordance
with law.
3.According to the petitioner, he was appointed as Tester in the
respondent Corporation on 02.01.1962 and was promoted as Junior
Engineer and further promoted as Junior Engineer Grade I and he rendered
more than 20 years of continuous service. In the year 1976, he met with an
accident, due to which, he was unable to stand for a long time. Hence, he
was constrained to submit his resignation on 21.02.1980, which was
accepted and he was relieved from service on 04.03.1981. Though he was
eligible and entitled to get pension, the same was not considered, which
compelled him to file the present writ petition for the aforesaid relief.
https://www.mhc.tn.gov.in/judis/
W.P.No.33211 of 2014 & WMP.No.3051 of 2016
4.Upon notice, the respondents filed a detailed counter affidavit,
negativing the claim made in the writ petition.
5.The relief sought herein is to issue a direction to the first respondent
only to consider the representation submitted by the petitioner dated
21.01.2013 and pass orders, on merits and in accordance with law.
6.According to the learned counsel for the petitioner, the
representation submitted by the petitioner seeking pension was not
considered till date. However, the learned counsel appearing for the
respondents is unable to state the present position of the said representation.
7.By G.O.Ms.No.99, Personnel and Administrative Reforms (A)
Department, dated 21.09.2015, the Government has issued procedures for
dealing with the representations received to the Government Offices, the
relevant clause of which, is profitably, reproduced hereunder:
“3.Accordingly, the following revised procedures issued
for dealing with the grievance petition received through online
and off-line in the Government officers:
https://www.mhc.tn.gov.in/judis/
W.P.No.33211 of 2014 & WMP.No.3051 of 2016
i. An acknowledgement should go immediately and at
the most within three days of the receipt of grievance
petitions.
ii. Grievance itself should be redressed within a
maximum period of one month of its receipt and it should be
with a speaking order in the event of a redressal or rejection, if
found necessary.
iii. The citizens approaching the Government
departments with their grievance petitions should be informed
of the progress of his/her grievance.
iv. In case, for some reason, additional time is required
for its finalization, the person, who has given grievance
petition, should be informed in writing for the extended period
of time for its finalization.
v. In case, it is not found feasible to acceded to his/her
request, a reasoned reply may be issued to the aggrieved citizen
within the stipulated time limit of one month.”
Thus, it is clear from the aforesaid clause that the representation received
should be considered one way or other and the same should be
communicated to the aggrieved party, by a reasoned reply, within a period
of one month from the date of its receipt.
https://www.mhc.tn.gov.in/judis/
W.P.No.33211 of 2014 & WMP.No.3051 of 2016
8.As such, considering the limited relief sought for herein, this Court,
without going into the merits of the case, directs the first respondent to
consider the petitioner's representation dated 21.01.2013, if not already
considered, and pass appropriate orders, on merits and in accordance with
law, within a period of eight (8) weeks from the date of receipt of a copy of
this order.
9.This Writ Petition is disposed of with the above direction. No
costs. Consequently, connected Miscellaneous petition is closed.
29.01.2021
Index : Yes/No
Internet : Yes/No
av
To
1. The Chairman cum Managing Director,
Tamilnadu Generation and
Distribution Corporation Ltd (TANGEDCO),
144, Anna Salai, Chennai 2.
2. The Chief Engineer/Personnel,
Tamilnadu Generation and Distribution
Corporation Limited (TANGEDCO),
144, Anna Salai, Chennai 2.
https://www.mhc.tn.gov.in/judis/
W.P.No.33211 of 2014 & WMP.No.3051 of 2016
R.MAHADEVAN, J.
av
W.P.No.33211 of 2014
&
WMP.No.3051 of 2016
29.01.2021
https://www.mhc.tn.gov.in/judis/
