Madras High Court
P.Damodaran vs Tamil Nadu Cements Corporation ... on 7 January, 2022
W.P.No.16354 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 7.1.2022
CORAM
THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR
W.P.No.16354 of 2012
P.Damodaran ... Petitioner
Vs.
Tamil Nadu Cements Corporation Limited
Rep. By its Chairman and Managing Director,
No.735, Anna Salai, Chennai 600 002. ... Respondent
Prayer:- The Writ Petition is filed under Article 226 of the Constitution of
India, seeking for a Writ of Mandamus, directing the respondent to consider
the representation dated 1.11.2010 submitted by the petitioner seeking
proper fixation of his pay by counting the period of his service between
25.6.1987 to 29.12.1997 for all purposes and accordingly grant him all
service benefits including the terminal benefits with interest from 28.2.2005
and for costs.
For Petitioner : Mr.C.K.Chandrasekar
For Respondent : Mr.A.Sivaji
*****
ORDER
According to the petitioner, the petitioner was suspended from
service on the ground that the petitioner involved in a criminal case
registered against him and the case was taken on the file of IV Additional
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W.P.No.16354 of 2012
Sessions Judge, Chennai in S.C.No.17 of 1987. Subsequently, the aforesaaid
criminal case was ended in acquittal by judgment dated 16.4.2008.
According to the petitioner, though suspension was revoked by the
respondent Corporation, the suspension period i.e. 25.6.1987 to 29.12.1997
was not counted as duty period to settle the terminal benefits to the
petitioner. The petitioner made representation to the respondent on
1.11.2010 and sent reminder, dated 11.6.2012 through R.P.A.D. The
petitioner also filed proof in the typedset of papers. Again, he sent
reminder on 11.6.2012 but no order has been by the respondent on the said
representation. Therefore, the petitioner has filed the present writ petition
before this Court to direct the respondent to consider the representation
made by the petitioner and pass appropriate orders.
2. As the writ petition is of the year 2012, so far no counter
affidavit has been filed by the respondent Corporation, considering the
limited prayer sought for by the petitioner and taking note of the facts and
circumstances of the case, without going into the merits of the case, this
Court is inclined to direct the respondent to consider the representation
dated 1.11.2010 and pass appropriate orders on its own merit and in
accordance with law, as expeditiously as possible preferably within a period
of 12 weeks from the date of receipt of copy of the order. It is needless to
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W.P.No.16354 of 2012
say that the petitioner shall also furnish copy of the representation dated
1.11.2010 along with order copy to the respondent Corporation.
3. The writ petition is disposed of with the above directions.
No cost.
7.1.2022
Internet:Yes/No
Index:Yes/No
Speaking / Non-Speaking order
vaan
To
The Chairman and Managing Director,
Tamil Nadu Cements Corporation Limited
No.735, Anna Salai, Chennai 600 002.
https://www.mhc.tn.gov.in/judis
W.P.No.16354 of 2012
D.KRISHNAKUMAR,J.
vaan
W.P.No.16354 of 2012
Dated: 7.1.2022
https://www.mhc.tn.gov.in/judis
