This single judge order dismissed a writ petition seeking pensionary benefits. The Court held that the Mandamus was not liable to be granted as the decision relied upon by the petitioner had been reversed in a subsequent judgment by the same Court.
No costs. Writ Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD).No.10107 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD).No.10107 of 2018
K.Dennis ... Petitioner
vs.
1.The Accountant General, (Accounts & Entitlement), Tamil Nadu Office, No.361, Anna Salai, Chennai 18. 2.The Chief Engineer /Distribution, Erode Region, No.948, E.V.N.Road, Erode 638 009. 3.The Additional Chief Engineer, Gopichettipalayam Electricity Distribution Circle, T.N.E.B., Gopichettipalayam, Erode District. 4.The Superintending Engineer, Gopichettipalayam Electricity Distribution Circle, T.N.E.B., Gopichettipalayam, Erode District. 5.The Assistant Executive Engineer, Operation & Maintenance, T.N.E.B., Nambiyur, Gopichettipalayam Electricity Distribution Circle, Erode District. ... Respondents
PRAYER : Writ Petition is 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 17.11.2017 and grant pensionary benefits to him in the light of the Division Bench order passed in “D.Vijayarangan vs. Secretary, Sales Tax Appellate Tribunal, Madurai and others reported in (2009) 3 MLJ 1005'.
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W.P(MD).No.10107 of 2018
For Petitioner : Mr.B.Vinothkumar For R1 : Mr.P.Gunasekaran For R2 to R5 : No appearance
O R D E R
The following order was passed on 04.01.2022:-
Petitioner is called absent. That apart Mr.Gunasekaran, learned counsel who appears for R1 would point out that the decision relied upon by the petitioner in D.Vijayarangan vs. Secretary, Sales Tax Appellate Tribunal, Madurai & others [(2009) 3 MLJ 1005] has been reversed in A.I.Agnel Ilangovan vs. The Government of Tamil Nadu, represented by its Secretary to Government, Finance (LF Department), Secretariat, Chennai and others [(2016) 3 MLJ 839)].
2. Print the name of respondents 2 to 5 or panel counsel if memo is filed. List this matter for dismissal on 11.01.2022.
Sd/-
Assistant Registrar(T & P)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
akv
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.P(MD).No.10107 of 2018
To
1.The Accountant General, (Accounts & Entitlement), Tamil Nadu Office, No.361, Anna Salai, Chennai 18. 2.The Chief Engineer /Distribution, Erode Region, No.948, E.V.N.Road, Erode 638 009. 3.The Additional Chief Engineer, Gopichettipalayam Electricity Distribution Circle, T.N.E.B., Gopichettipalayam, Erode District. 4.The Superintending Engineer, Gopichettipalayam Electricity Distribution Circle, T.N.E.B., Gopichettipalayam, Erode District. 5.The Assistant Executive Engineer, Operation & Maintenance, T.N.E.B., Nambiyur, Gopichettipalayam Electricity Distribution Circle, Erode District.
W.P.(MD)No.10107 of 2018 11.01.2022
NSN(CO) TR(03.02.2022) 3P 6C
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2 issues framed by the court
Whether the writ petition under Article 226 for grant of pensionary benefits can be entertained when the relied upon precedent has been reversed.
Whether the Mandamus sought for considering the petitioner's representation and granting benefits is liable to be granted.
Colour shows how this judgement treated each authority
D.Vijayarangan vs. Secretary, Sales Tax Appellate Tribunal, Madurai & othersDistinguished¶17
D.Vijayarangan vs. Secretary, Sales Tax Appellate Tribunal, Madurai & others [(2009) 3 MLJ 1005]
A.I.Agnel Ilangovan vs. The Government of Tamil NaduExplained¶17
A.I.Agnel Ilangovan vs. The Government of Tamil Nadu, represented by its Secretary to Government, Finance (LF Department), Secretariat, Chennai and others [(201
1 provisions across 1 enactments
K.Dennis
The Accountant General, (Accounts & Entitlement), Tamil Nadu Office
The Chief Engineer /Distribution, Erode Region
The Additional Chief Engineer, Gopichettipalayam Electricity Distribution Circle, T.N.E.B.
The Superintending Engineer, Gopichettipalayam Electricity Distribution Circle, T.N.E.B.
The Assistant Executive Engineer, Operation & Maintenance, T.N.E.B.
Dr.Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
