Madras High Court
A. Sivakumar vs Chairman Cum Managing Director on 2 November, 2021
W.A. No. 2682 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2021
CORAM
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
W.A. No. 2682 of 2021
&
C.M.P. No. 17412 of 2021
A. Sivakumar ..Appellant
Vs.
1. Chairman cum Managing Director,
Tamil Nadu Generation and
Distribution Corporation Limited
(TANGEDCO)
No.144, Anna Salai, Chennai -600 002.
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W.A. No. 2682 of 2021
2. Chief Engineer (Personnel),
Tamil Nadu Generation and
Distribution Corporation Limited
(TANGEDCO)
No.144, Anna Salai,
Chennai -600 002.
3. Superintending Engineer,
Tamil Nadu Generation and
Distribution Corporation Limited
(TANGEDCO)
Tiruvannamalai Generation and
Distribution Circle,
Tiruvannamalai – 606 602. ..Respondents
Prayer: Writ Appeal as against the order dated 06.03.2019 passed in
W.P. No.2938 of 2018.
For Appellant :: Ms. Elizabeth for
Mr.P. Raja
For Respondents :: Mr.S. Silambanan,
Addl. Advocate General
assisted by
Mr.P. Subramanian
Senior Counsel for
R1 to R3
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W.A. No. 2682 of 2021
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J.)
This writ appeal is directed against the order dated 06.03.2019 passed
in W.P. No. 2938 of 2018.
2. Aggrieved by the order of the 2nd respondent dated 14.12.2017
transferring the appellant from Thiruvannamalai Electricity Distribution
Circle to Generation Circle/Kundha, against the existing vacancy, on an
administrative ground, the writ petition was filed and after considering the
materials and the rival submissions, the learned Single Judge dismissed the
writ petition. Challenging the said order, the writ petitioner has come
forward with the present writ appeal.
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W.A. No. 2682 of 2021
3. When the writ appeal came up for hearing on an earlier
occasion, this Court putforth a suggestion to the learned Additional
Advocate General as to whether the writ petitioner/appellant could be
accommodated in the transferred place now and the departmental action
initiated for non-compliance of the transfer order could be withdrawn.
4. Today, when the matter is taken up, the learned Additional
Advocate General, on instructions, submitted that if the writ
petitioner/appellant reports at the place of transfer, i.e. Kundha on or before
10.11.2021, the departmental proceedings would be dropped.
5. In view of the submission made by the learned Additional
Advocate General, the appellant is directed to report at the transferred place
namely, Kundha on or before 10.11.2021. However, the period during
which he did not discharge work, will be treated as "no work no pay" and
the appellant is also agreeable for the same.
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W.A. No. 2682 of 2021
6. The writ appeal is accordingly disposed of. No costs.
Connected C.M.P. is closed.
(S.V.N.J.) (R.V.J.)
nv 02.11.2021
To
1. Chairman cum Managing Director,
Tamil Nadu Generation and
Distribution Corporation Limited
(TANGEDCO)
No.144, Anna Salai,
Chennai -600 002.
2. Chief Engineer (Personnel),
Tamil Nadu Generation and
Distribution Corporation Limited
(TANGEDCO)
No.144, Anna Salai,
Chennai -600 002.
3. Superintending Engineer,
Tamil Nadu Generation and
Distribution Corporation Limited
(TANGEDCO)
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W.A. No. 2682 of 2021
Tiruvannamalai Generation and
Distribution Circle,
Tiruvannamalai – 606 602.
S. VAIDYANATHAN,J.
AND
R. VIJAYAKUMAR,J.
nv
W.A. No. 2682 of 2021
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