M.A. Hakeem vs Northern Power Distribution ...
2022 Latest Caselaw 5712 Tel

     THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

                    WRIT PETITION No.40745 of 2022

ORDER:

Heard learned counsel for the petitioner and Sri Zakir Ali Danish,

learned standing counsel for TSNPDCL appearing for respondents. With the

consent of both the parties, the writ petition is being taken up for disposal

at the admission stage itself.

2. This writ petition has been filed seeking a writ of mandamus to

declare that consequent to Petitioners acquittal in the criminal case vide

Judgment dated 15.11.2002 in Criminal Appeal No 36/2001 on merits ,

petitioner is entitled to have the period of suspension of 1641 days and the

period of out of employment be treated as on duty for all purposes and the

absence period as on leave to which the Petitioner is eligible and be

sanctioned and pay increments and pension accordingly with all

consequential benefits in the interest of justice duly holding the action of

the Respondents in denying pay increments and pension to the Petitioner by

not regulating the period of suspension from 28.07.1998 to 26.01.2003 and

the out of employment period i.e., the from the date of dismissal from

service to date of reinstatement into service i.e., 27.01.2003 as on duty as

being illegal unjust arbitrary contrary to the provisions of Fundamental Rule

No 54-B and in violation of Articles 14 and 300-A of the Constitution of India.

3. Though various grounds are raised in the writ petition, learned

counsel for the petitioner restricts his prayer seeking a direction to

respondent authorities to consider the petitioner representation, dated

02.08.2022.

4. Sri Zakir Ali Danish, learned standing counsel for TSNPDCL appearing

for respondents submits that if the said representation is still pending for

consideration, the respondent authorities may be directed to consider the

said representation and pass appropriate orders in accordance with law.

5. In view of the submission made by the both the learned counsel on

either side and without expressing any opinion on the merits of the case,

this writ petition is disposed of directing respondent Nos.2 and 3 to dispose

the petitioner's representation, dated 02.08.2022 and pass appropriate

orders strictly in accordance with law, as expeditiously as possible,

preferably within a period of five (05) weeks from the date of receipt of the

order, after giving a fair opportunity of hearing to the petitioner and

communicate the same to the petitioner.

6. Accordingly this writ petition is disposed of. Miscellaneous

applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR

Date: 08.11.2022 SHA