Irrulappan. B v. The Chief Engineer (Personnel)

ORDER The present writ petition has been filed for a Writ of Certiorarified Mandamus, calling for the records relating to impugned order, dated

20.09.2023 passed in Ku.Aa.No.882/NeA/Nimo/Nip2/U1/Ko.Va.Ni/2023 by the second respondent herein and quash the same and consequently direct the second respondent to fix the age of the petitioner as 55 years on 16.02.2023 in between the ages 50 to 60 years given by the Medical Board, by considering the petitioner's representation, dated 26.09.2023.

¶2By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

¶3The petitioner had been working in the respondent Electricity Department as a Contract Labour on 2007. Thereafter, from 18.12.2012, he was working as Mazdoor and on 09.01.2014, he was regularised. Thereafter, he worked as Field Helper from 23.09.2016 and promoted as Wireman on

31.12.2018. While so, the second respondent on 25.09.2023, issued an order vide proceedings on 20.09.2023 stating that the petitioner is superannuated on

30.09.2023, even before attaining the age of superannuation. Hence, challenging the same, this writ petition came to be filed.

¶4Considering the fact that the petitioner has been superannuated by the respondents even before attaining the age of superannuation, this Court is inclined to quash the impugned proceedings, dated 20.09.2023 and remand back the same to the first respondent and consequently, directing the first respondent to verify with the records and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

¶5With the above said observation, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

29.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR Note: Issue order copy on 29.09.2023. To

1.The Chief Engineer (Personnel), TANGEDCO, Anna Salai, Chennai.

2.The Superintending Engineer, Virudhunagar Division, TANGEDCO, Virudhunagar.

3.The Executive Engineer (Distribution), TANGEDCO, Rajapalayam, Virudhunagar District.

L.VICTORIA GOWRI, J.

BTR

29.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.20027 of 2023 B.Irrulappan ... Petitioner Vs. 1.The Chief Engineer (Personnel), TANGEDCO, Anna Salai, Chennai. 2.The Superintending Engineer, Virudhunagar Division, TANGEDCO, Virudhunagar. 3.The Executive Engineer (Distribution), TANGEDCO, Rajapalayam, Virudhunagar District. ... Respondents 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 impugned order, dated 20.09.2023 passed in Ku.Aa.No. 882/NeA/Nimo/Nip2/U1/Ko.Va.Ni/2023 by the second respondent herein and quash the same and consequently direct the second respondent to fix the age of the petitioner as 55 years on 16.02.2023 in between the ages 50 to 60 years given by the Medical Board, by considering the petitioner's representation, dated 26.09.2023. For Petitioner : Mr.G.Balumahendran For Respondents : M/s.M.Parameswari Standing Counsel