A retired TANGEDCO officer sought re-fixation of pension under the 2009 revised pay scales effective 01.12.2007, one day after his retirement. The Court held he was not eligible since he had superannuated before the revision took effect, and dismissed the petition also for unexplained delay of 11 years.
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W.P.No.16117 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:19.03.2024
Coram:
THE HONOURABLE MR. JUSTICE BATTU DEVANAND
Writ Petition No.16117 of 2018
S.Ganapathy .. Petitioner
/versus/
1.Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO),(formerly TNEB), Rep by its Chairman/Director, 144,Anna Salai, Chennai 600 002.
2.The Chief Engineer(Personnel), Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO), 144, Anna Salai, Chennai 600 002.
3.The Superintending Engineer, General Construction Circle, TANTRANSCO, Kamaraj Nagar Colony, Attur By-Pass, Selam 636 014. .. Respondents
Prayer: Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the
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respondent No.3 to re-fix the pension of the petitioner by granting the benefit of Tamil Nadu Electricity Board Revised Scales of Pay(Workmen) Regulations, 2009 and provide all the consequential benefits to the petitioner within the time period stipulated by this Hon'ble Court.
For Petitioner :Mr.M.Kavin Castro
For Respondents :Mr.David Sundar Singh Standing Counsel for (TANGEDCO)
O R D E R
This Writ Petition is filed seeking a Writ of Mandamus to direct
the 3rd respondent to re-fix the pension of the petitioner by granting the benefit of Tamil Nadu Electricity Board Revised Scales of Pay (Workmen) Regulation, 2009 and provide all the consequential benefits to the petitioner within the time period stipulated by this Court.
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next date of his retirement. Though he was also deemed to be retired from the service from 01.12.2007, he was not provided the benefit of the wage revision/Tamil Nadu Electricity Revised Scales of Pay (Workmen) Regulations, 2009. Furthermore, several similarly placed employees were given the benefit to the wage revision with effect from 01.12.2007.
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representation of the petitioner dated 16.03.2018 was rejected as his
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request for revision of pay is against the TNEB Revised Scale of Pay (Workmen) Regulation, 2009. The petitioner had approached this Court, after a lapse of 11 years without genuine reason. As per the Pension Rules of Tamil Nadu Government/TANGEDCO, the retired employees of the Board ceased to be an employee of the Board from the date of their superannuation. As such, they are not entitled for the benefit or charge subsequent to their date of retirement.
the Revision of Wages with effect from 01.12.2007. As rightly
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contended by the learned Standing Counsel appearing for the respondents, since the petitioner retired from service on attaining the age of superannuation on 30.11.2007 (i.e.) prior to the giving effect to the Revision of Wages of the Officers (i.e.) on 01.12.2007, the petitioner is not entitled for the benefit under Wage Revision.
respondents Board passed order for the Revision of Wages of the Officers with effect from 01.12.2007, the petitioner did not choose to represent before the respondents Board till 16.03.2018. He has submitted the representation only on 16.03.2018. He filed the writ petition only after lapse of 11 years. The petitioner failed to show any sufficient cause for the delay of 11 years in filing the writ petition. As such, this Writ Petition is liable to be dismissed on the ground of delay and latches also.
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representation. As such, he is not entitled for the relief sought for in this Writ Petition. The petitioner failed to make out any case on facts or law for interference of this Court under Article 226 of the Constitution of India. As such, this Writ Petition is liable to be dismissed.
19.03.2024
Index:yes/no Speaking order/non speaking order Neutral citation:yes/no ari To:
1.Tamil Nadu Generation and Distribution Corporation Limited, (TANGEDCO),(formerly TNEB), Rep by its Chairman/Director, 144,Anna Salai, Chennai 600 002.
W.P.No.16117 of 2018
2.The Chief Engineer(Personnel), Tamil Nadu Generation & Distribution Corporation Limited, (TANGEDCO),
144, Anna Salai, Chennai 600 002.
3.The Superintending Engineer, General Construction Circle, TANTRANSCO, Kamaraj Nagar Colony, Attur by-Pass, Selam 636 014.
W.P.No.16117 of 2018
BATTU DEVANAND,J.
ari
W.P.No.16117 of 2018
19.03.2024
2 issues framed by the court
Whether an employee who retired on 30.11.2007, one day before wage revision effective 01.12.2007, is entitled to the revised pay scales and consequential pension benefits.
Whether the writ petition filed after 11 years is barred by delay and laches.
2 provisions across 2 enactments
S.Ganapathy
Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)
The Chief Engineer(Personnel), TANGEDCO
The Superintending Engineer, General Construction Circle, TANTRANSCO
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
