Madras High Court
The Superintending Engineer vs M.Maharajan on 16 June, 2021
W.A.(MD)No.1223 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1223 of 2021
and
W.M.P(MD) No.5147 of 2021
The Superintending Engineer,
Tirunelveli Electricity Distribution Circle,
Tamil Nadu Electricity Board,
Tirunelveli. ... Appellant / Respondent
Vs.
M.Maharajan ... Respondent / Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 14.12.2017 in W.P.(MD)No.20319 of 2013 on the file
of this Court.
For Appellant : Mr.T.Sakthi Kumaran
For Respondent : Mr.H.Arumugam
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W.A.(MD)No.1223 of 2021
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.T.Sakthi Kumaran, learned Counsel appearing
for the appellant / respondent and Mr.H.Arumugam, learned counsel
appearing for the respondent /writ petitioner.
2.This Writ Appeal challenges the order passed in
W.P.(MD) No.20319 of 2013, which were allowed along with the batch of
cases by common order, dated 14.12.2017.
3. Since the respondent / writ petitioner filed a Contempt petition
before the learned Single Bench, the appellant Board has complied with the
orders passed in the writ petition. However, the learned counsel for the
appellant would submit that the observations made by the learned Writ Court,
more particularly, in paragraph No.32 of the impugned order, may not be
right.
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W.A.(MD)No.1223 of 2021
4. The Hon'ble Full Bench of this Court in W.P.(MD) No.7016 of
2011 dated 11.03.2020 has clarified the issue as follows :
"32. In view of the above, the reference is
answered as under :-
a) Appointment on compassionate basis has
to be strictly followed in accordance with the relevant
G.O.'s of the scheme that has been framed by the
employer. Any deviation from the scheme is not
permissible.
b) In view of the above the Judgment of the
Division Bench in E.Ramasamy Vs. Tamil Nadu
Electricity Board and the Secretary to Government Vs.
Renugadevi, lays down the correct law and the
judgment of the Division Bench dated 06.08.2012 in
A.Kamatchi Vs. The Chairman, Tamil Nadu Electricity
Board, which is contrary to the scheme framed by the
Tamil Nadu Electricity Board does not lay down the
correct proposition. Reference is answered
accordingly."
5.In the light of the above decision of the Hon'ble Full Bench, we
make it clear that the observation and findings of the learned Single Bench
passed in the common impugned order, more particularly, in paragraph No.32
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W.A.(MD)No.1223 of 2021
stand vacated and the legal issues left open. However, this observation will
not in any manner prejudice the respondent / writ petitioner, who has already
been offered employment and he has to work out.
6.With the above clarification, the writ appeal stands disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] & [S.A.I., J.]
16.06.2021
Index : Yes / No
Internet : Yes / No
RM
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
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W.A.(MD)No.1223 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM
JUDGMENT MADE IN
W.A.(MD)No.1223 of 2021
16.06.2021
https://www.mhc.tn.gov.in/judis/
