Disposed

Sivasubramanian.S v. The Chief Engineer (Personal)

Madras HC11 Oct 2023WP(MD)/9008/2023

Case brief

AI extract

What is this about?

The High Court held that since the petitioner's promotion and pay arrears were sanctioned while the writ petition was pending, nothing required adjudication regarding promotion. However, the Court directed the second respondent to disburse the sanctioned arrears within eight weeks and disposed of the petition.

What did the court decide?

The second respondent is directed to disburse the arrears of pay as per proceedings dated 14.08.2023 within eight weeks; the writ petition is disposed of.

Sivasubramanian.S Vs The Chief Engineer… — Pension and Retirement Benefits | Madras HC (2023)

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W.P.(MD).No.9008 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.9008 of 2023 and

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W.M.P(MD) No.8167 of 2023

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S.Sivasubiramanian, Field Assistant, Office of the Assistant Engineer, 110/33KV, Poigai (Echantha). Thenkasi District. ...Petitioner

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Vs.

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The Chief Engineer (Personal) Office of the Chief Engineer Personal Office, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO),

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No.144, Annasalai, Chennai.

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The Superintending Engineer, Office of the Superintending Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),

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Tirunelveli District.

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The Assistant Administrative Officer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),

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Tirunelveli District.

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9008 of 2023

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The Assistant Engineer, Office of the Assistant Engineer, 110/33KV, Poigai (Echantha), Thenkasi District.

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...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the second respondent vide his proceeding in F.M.vz;. 7436/769 Nkngh/khrvrM/jpyp/epgp/cepm/epNk c3/Nfh.tpsf;fk;/2021, dated 09.12.2021 (served to the petitioner on 31.03.2023) and quash the same as illegal and consequentially to direct the second respondent to promote the petitioner as wireman and Line Inspector on par with his immediate junior viz., Murugan promoted as Line Inspector on 10.06.2021 in terms of Section 7(1) r/w Schedule XI-Part-A Clause II(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 along with the seniority and consequential monetary benefits within the period as may be directed by this Court.

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For Petitioner : Mr.H.Mohammed Imran for M/s.Ajmal Associates For Respondents : Mr.S.Arivalagan Standing Counsel

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O R D E R

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The present Writ Petition has been filed by a Field Assistant, Sankarankovil SS, TANGEDCO, seeking to quash the order of the second

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https://www.mhc.tn.gov.in/judis

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2/5

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W.P.(MD).No.9008 of 2023

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respondent, dated 09.12.2021 and grant promotion to him along with seniority and consequential monetary benefits.

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Pending writ petition, the writ petitioner has been granted promotion by way of proceedings dated 04.08.2023 and by way of another proceedings dated 14.08.2023, the petitioner's pay has been revised and arrears with effect from 01.10.2018 has also been sanctioned. However, the grievance of the writ petitioner is that though arrears have been sanctioned, they are yet to be disbursed.

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Considering the fact that the prayer sought for in the writ petition has already been granted by way of two proceedings dated 04.08.2023 and 14.08.2023, nothing survives to be adjudicated in the present writ petition. However, the second respondent is directed to disburse the arrears as per the proceedings dated 14.08.2023 within a period of eight weeks from the date of receipt of a copy of this order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9008 of 2023

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Accordingly, this writ petition stands disposed of to the extent as

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stated above . There shall be no order as to costs. Consequently connected Miscellaneous petition is closed.

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11.10.2023

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NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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The Chief Engineer (Personal) Office of the Chief Engineer Personal Office, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO),

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No.144, Annasalai, Chennai.

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The Superintending Engineer, Office of the Superintending Engineer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),

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Tirunelveli District.

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The Assistant Administrative Officer, Non-Conventional Energy Sources, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),

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Tirunelveli District.

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The Assistant Engineer, Office of the Assistant Engineer, 110/33KV, Poigai (Echantha), Thenkasi District.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.9008 of 2023

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R.VIJAYAKUMAR,J.

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ebsi

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W.P(MD)No.9008 of 2023

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11.10.2023

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https://www.mhc.tn.gov.in/judis

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Sivasubramanian.S v. The Chief Engineer (Personal)

Case brief

What is this about?

What did the court decide?

Sivasubramanian.S v. The Chief Engineer (Personal)

Case brief

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What did the court decide?

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