Madras High Court
D.Palanivel vs Tamil Nadu Generation Of ... on 1 August, 2023
W.P.(MD).No.18547 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.08.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.18547 of 2023
D.Palanivel ... Petitioner
Vs.
1.Tamil Nadu Generation of Electricity
and Distribution (TANGEDCO),
Represented by its Chairman,
No.144, Anna Salai,
Chennai-600 002.
2.The Chief Engineer (Personnel) TANGEDCO,
No.144, Anna Salai,
Chennai-600 002.
3.The Chief Engineer (Distribution),
Trichy Region,
TANGEDCO,
Thennur,
Trichy-620 017.
4.The Superintending Engineer (Distribution),
Pudukkottai Distribution Circle,
TANGEDCO,
Pudukkottai,
Pudukkottai District. ... Respondents
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W.P.(MD).No.18547 of 2023
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
consider the petitioner's representation, dated 17.05.2023 to reinstate the
petitioner to service in the minimum time scale for a period of 3 years without
back wages in the light of the 1st respondent's proceedings in B.P.(F.B.) No.27
(Administrative Branch) dated 07.11.2002 and the Judgment of this Court in
WP(MD).No.13474 of 2013 dated 18.11.2021, within the period that may be
stipulated by this Court.
For Petitioner : Mr.G.Balumahendran
For Respondents : M/s.M.Parameshwari
Standing Counsel
ORDER
The present writ petition has been filed seeking direction to the
respondents to consider the petitioner's representation, dated 17.05.2023 to
reinstate the petitioner to service in the minimum time scale for a period of 3
years without back wages in the light of the 1st respondent's proceedings in B.P.
(F.B.) No.27 (Administrative Branch) dated 07.11.2002 and the Judgment of
this Court in WP(MD).No.13474 of 2013 dated 18.11.2021, within the period
that may be stipulated by this Court.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18547 of 2023
2. In the year 1989, the petitioner joined in the 4th respondent office as
contract labourer. On the basis of the recommendation of Justice.V.Kalid
Committee, all the contract labourers were taken into regular service. Hence,
the petitioner was called for identification on 03.09.1997. He appeared on
20.09.1997 and produced all the certificates in response to the said
identification calling letter, dated 03.09.1997. The petitioner was also duly
given with the certificate with identification by Assistant Engineer,
Construction of the Tamil Nadu Electricity Board. Thereafter, the petitioner
was appointed as Helper and placed on probation. He completed his probation
successfully on 07.06.1999. While so, the petitioner was transferred from 3rd
respondent Distribution Circle to the 4th respondent Distribution Circle.
However, without considering the genuineness of the certificates produced by
him, he was removed from service. As against the same, the petitioner preferred
an appeal before the 2nd respondent. However, the 2nd respondent rejected the
petitioner's appeal on 13.04.2005. The petitioner made a representation on
17.05.2023 to the respondents seeking reinstate to service. Since the same was
not considered, this writ petition came to be filed.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18547 of 2023
3. It is needless to point out that whenever a representation of this nature
is made to a Statutory Authority, there is a duty cast upon the respondent to
consider the same on its own merits and pass appropriate orders in one way or
other instead of keeping the same pending indefinitely. As such, non-
consideration of the representation made by the Statutory Authority would
amount to dereliction of duty and hence, this Court will be justified in invoking
the extraordinary powers under Article 226 of the Constitution of India.
4. Without going into the merits of the case, this Court directs the
respondents to consider the petitioner's representation, dated 17.05.2023 in
accordance with law. Accordingly, this Writ Petition stands disposed of. No
costs.
01.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
gbg
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18547 of 2023
To
1.The Chairman,
Tamil Nadu Generation of Electricity
and Distribution (TANGEDCO),
No.144, Anna Salai,
Chennai-600 002.
2.The Chief Engineer (Personnel) TANGEDCO,
No.144, Anna Salai,
Chennai-600 002.
3.The Chief Engineer (Distribution),
Trichy Region,
TANGEDCO,
Thennur,
Trichy-620 017.
4.The Superintending Engineer (Distribution),
Pudukkottai Distribution Circle,
TANGEDCO,
Pudukkottai,
Pudukkottai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.18547 of 2023
L.VICTORIA GOWRI, J.
gbg
W.P.(MD).No.18547 of 2023
01.08.2023
https://www.mhc.tn.gov.in/judis
