A.Krishnan v. The Chairman Cum Managing Director,

O R D E R Heard Mr.N.Koodalarasu, learned Counsel for the Petitioner and Mr.S.Arivalagan, learned Standing Counsel for Respondents.

¶2This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus, challenging the impugned proceeding of the 3rd respondent

passed

in

the F.vz;.014822/ 394/nk.bgh/Jhkpgt/Jho/epm/ep.gp.3(1)/nfh.xe/23> dated 21.8.2023 and direct the respondents to include the period of suspension as service period and disburse all attended monetary benefits and to issue pension to the petitioner in the light of the order passed by the Supreme Court in

Civil Appeal No. 7935/2023 (arising out of SLP (C).No.23423/2018) in Ram lal vs State of Rajasthan dated 4.12.2023.

¶3The petitioner herein, while working as Foreman Grade-I in the respondent Corporation at Vaagaikulam Sub-Station, was involved in an offence, pursuant to which an FIR was registered in Crime No.89 of 2015. Thereafter, the case was transferred to the Principal District Court, Thoothukudi, and taken on file as S.C.No.232 of 2017 on the file of the Mahila Court (Fast Track Court), wherein the petitioner was convicted by order dated 30.06.2023. In the light of the said conviction suffered by the petitioner, the respondent Corporation, vide order dated 10.07.2023, placed the petitioner under suspension. Thereafter, a charge memo was issued on 31.07.2023 solely on the ground of the conviction suffered by the petitioner, and subsequently, the respondent Corporation passed a final order dated 21.08.2023 confirming the punishment of dismissal from service.

¶4In the meanwhile, the petitioner filed an appeal against the said order of conviction in Crl.A.(MD) No.554 of 2023 before this Court, and the said Criminal Appeal was allowed vide order dated 31.01.2025.

However, the petitioner is stated to have received a copy of the said order in the criminal appeal only in the month of November 2025. Accordingly, the petitioner submitted a representation dated 18.11.2025 requesting the respondent Corporation to recall the order of dismissal from service and to pay the terminal benefits.

¶5As the respondents failed to take any action on the representation, the petitioner has approached this Court by filing the present Writ Petition challenging the order of dismissal dated 21.08.2023 on the ground that the same cannot stand in view of the fact that the very conviction suffered by the petitioner has been set aside by virtue of the order passed by this Court in the aforesaid Criminal Appeal.

¶6Today, when the matter is taken up for consideration, Mr.S.Arivalagan, learned Standing Counsel appearing for the respondents, filed a counter affidavit and reiterated the contentions made therein.

¶7This Court has carefully considered the submissions made on either side and perused the materials available on record.

¶8While perusing the counter affidavit filed by the respondents, it is seen that there is nothing substantial to sustain the impugned proceedings, as there is no dispute with regard to the order passed by this Court in the Criminal Appeal setting aside the conviction suffered by the petitioner vide order dated 31.01.2025. A copy of the said order has also been placed before this Court. The entire basis for issuing the impugned proceedings dated 21.08.2023 is the conviction suffered by the petitioner on 30.06.2023, and the said conviction has been set aside by this Court by order dated 31.01.2025. Hence, the impugned order cannot be sustained.

¶9However, the fact remains that the petitioner attained the age of superannuation on 31.05.2025. Therefore, as a consequence of holding the impugned proceedings to be unsustainable, the petitioner may not be entitled to automatic reinstatement into service, as he has already attained the age of superannuation.

¶10In the light of the above, this Court is of the considered opinion that the impugned order cannot be sustained and accordingly, the

impugned proceedings passed by the 3rd respondent in F.vz;. 014822/394/nk.bgh/Jhkpgt/Jho/epm/ep.gp.3(1)/nfh.xe/23> dated

21.8.2023, is hereby quashed. Consequently, the respondents are directed to treat the petitioner as having continued in service till the date of attaining the age of superannuation, i.e., 31.05.2025, and duly regularize the period of suspension from 10.07.2023 to 21.08.2023 and the period from 21.08.2023 till 31.05.2025 in accordance with the relevant Rules and Regulations. Thereafter, the respondents shall release all the terminal benefits due and payable to the petitioner as expeditiously as possible, and in any event, within a period of two months from the date of receipt of a copy of this order.

¶11Accordingly, this Writ Petition is allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

09.07.2026 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr

To:

1.The Chairman Cum Managing Director, Tamil Nadu. Generation and Distribution Corporation Limited (TANGEDCO) Secretariat Branch, N.P.R.R. Maligai, 144, Anna Salai, Chennai-600 002.

2.The Chief Engineer, Distribution Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),Maharaja Nagar, Tirunelveli Region, Tirunelveli District.

3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, (TANGEDCO) Tuticorin, Electricity Distribution Circle, Tuticorin District.

MUMMINENI SUDHEER KUMAR

, J.

Nsr W.P.(MD)No.13577 of 2026

09.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2026 CORAM THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD)No.13577 of 2026 and W.M.P.(MD)No.10106 of 2026 A.Krishnan ... Petitioner vs. 1.The Chairman Cum Managing Director, Tamil Nadu. Generation and Distribution Corporation Limited (TANGEDCO) Secretariat Branch, N.P.R.R. Maligai, 144, Anna Salai, Chennai-600 002. 2.The Chief Engineer, Distribution Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO),Maharaja Nagar, Tirunelveli Region, Tirunelveli District. 3.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd, (TANGEDCO) Tuticorin, Electricity Distribution Circle, Tuticorin District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for the records relating to impugned proceeding of the 3rd respondent passed in the F.vz;.014822/394/nk.bgh/Jhkpgt/Jho/epm/ep.gp.3(1)/nfh.xe/23> dated 21.8.2023 and to quash the same and direct the respondents to include the period of suspension as service period and disburse all attended monetary benefits and to issue pension to the petitioner in the light of the order passed by the Supreme Court in Civil Appeal No. 7935/2023 (arising out of SLP (C).No.23423/2018) in Ram lal vs State of Rajasthan dated 4.12.2023. For Petitioner : Mr.N.Koodalarasu For Respondents : Mr.S.Arivalagan Standing Counsel *****