W.P.No.19642 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.03.2025 CORAM: THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.19642 of 2023 and W.M.P.No.18900 of 2023 E. Thanappan .. Petitioner Versus 1. The Chief Engineer/Personal Tamil Nadu Generation and Distribution Corporation ( TANGEDCO) Ltd., No.144, Anna Salai, Chennai. 2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation ( TANGEDCO) Ltd., CEDC/North, Chennai – 2 3. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation ( TANGEDCO) Ltd., CEDC/South – II, K.K. Nagar, Chennai – 600 078. ...Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P.No.19642 of 2023 Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to pay the salary on regular basis from 22.12.2022 to 23.1.2023 and from 03.12.2023 to 01.08.2023 to the petitioner along with interest at the rate of 12% per annum and pass orders. ( Prayer amended on 17.03.2025 in WM.P.No.4282 of 2025) For Petitioner : Mr.U. Gowardhanan for Mr.R.Subburaj For Respondents 1 to 3 : Mr.David SunderSingh, Standing counsel ORDER This writ petition is filed seeking to issue a Writ of Mandamus directing the 3rd respondent to pay the salary on regular basis from 22.12.2022 to 23.1.2023 and from 03.12.2023 to 01.08.2023 to the petitioner along with interest at the rate of 12% per annum and pass orders. 2. The facts of the case is that the petitioner is a Assistant Engineer in the Respondent/Department and he is entrusted to approve the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.19642 of 2023 electricity connection. He has given electricity connection to one Rajeswari who had complied with all the necessary procedures stipulated by the Department. When the fact remains so, the 5th respondent issued a charge memo on 04.11.2022 to the petitioner as he has approved the connection without taking note of the procedures and was suspended from the services. Thereafter, the said suspension order was revoked on 03.12.2022. The sum and substance of the case due to the issuance of the suspension order there was a default in payment of the monthly salary to the petitioner by the Respondents. Hence, the petitioner approached the respondents by way of several representations and all of them ended in vain. Hence, this petition. 3.The learned counsel for the petitioner submitted that the petitioner was not paid salary from 01.11.2022 to till date. However, he restricts his prayer to pay the salary on regular basis from 22.12.2022 to 23.1.2023 and from 03.12.2023 to 01.08.2023 along with interest at the rate of 12% per annum and pass orders. Hence, prays to allow this petition. 3/8 https://www.mhc.tn.gov.in/judis W.P.No.19642 of 2023 4. The learned standing counsel appearing for the third respondent filed a counter affidavit wherein it has been stated that inspite of the fact that the suspension order was revoked on 03.12.2022 and the first respondent issued posting orders to the petitioner on 16.12.2022 wherein a direction was issued to join duty at Ennore 110 KV Sub-station, he did not join duty. When this being the case, the petitioner sought for suspension allowance and the same was granted. Hence, he prays this Court to dismiss this petition due to the fact that the petitioner did not join duty in the Ennore 110 KV Sub-station, where he has been posted. 5. Heard both sides and perused the materials available on record. 6. On a perusal of the counter affidavit filed by the respondent it is seen that the petitioner has indulged in irregularities and illegalities and received various memo and the same is extracted hereunder: 1.Memo No.EE/Dist.Ram /AADmo /Ads /A.5/F.Complaint /D.87/2001, dated 22.10.2011 ( in 4/8 https://www.mhc.tn.gov.in/judis W.P.No.19642 of 2023 tamil) One year without cumulative effect ( O/0 EE/O&M/Ramanathapuram 2. Memo No.2608/AdmO/Adm.2/F.Conf/2022- 2,dt 31.10.2022 ( in Tamil) One year without cumulative effect (O/o/O&M/ Manamadurai) 3. SE/Metro/Kovai/Memo. No.116 /46 /Adm.3 /A.1/ F.DP/15,dt,26.05.2015 ( in Tamil) One year with cumulative effect ( O/o SE/Metro/Coimbatore. 4. Memo. No.2532/EE/O&M/Virunagar/Adm/A.1/2017-5-dt. 13.03.2018 ( in Tamil) Six months with cumulative effect ( O/o SE/Cuddalore EDC) 5. Memo.No.613- 1/Se/Cuddalore/Adm.1/A.3/F.DP/2019-5, dated 28.05.2021. ( in Tamil) One year with cumulative effect. ( O/o SE/Cuddalore EDC) 6. Memo No.912(334/SE/Cuddalore/Adm.1/A.3/F.DP/2016-7, dt.22.02.2017. ( in Tamil) One year without cumulative effect. (SE/O&M/Cuddalore EDC 7. Memo No.862/ 145/ SE/Kalla /Adm/Adm.2/A.3/F.DP/2022, dt.09.05.2022. ( in Tamil) 6 months without cumulative effect. ( SE/Kallakurchi EDC) 7. Memo No.499 /EE/ O&MTBM/ Adm.A.1 /F.Suspension /D.2496 / Dt 04.11.2022. Under suspension with effect from 04.11.2022 AN) 7. From the above it is made clear that the petitioner has involved 5/8 https://www.mhc.tn.gov.in/judis W.P.No.19642 of 2023 in various irregularities due to which the respondent has issued several memos to the petitioner. However, the subject matter of this writ petition is only with regard to non-payment of the salary. It is pertinent to note that the petitioner has filed an amendment petition and restricted his prayer to pay salary on regular basis from 22.12.2022 to 23.1.2023 and from 03.12.2023 to 01.08.2023 along with interest at the rate of 12% per annum. 8. Hence, this Court directs the respondents to arrive at the eligible amount to which the petitioner is entitled to and pass orders on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. 9. With the above observations this writ petition stands disposed of. No order as to costs. Consequently, the connected miscellaneous petition is closed. 17.03.2025 Speaking order : Yes/No Neutral citation : Yes/No 6/8 https://www.mhc.tn.gov.in/judis W.P.No.19642 of 2023 Index : Yes/No smn To 1. The Chief Engineer/Personal Tamil Nadu Generation and Distribution Corporation ( TANGEDCO) Ltd., No.144, Anna Salai, Chennai. 2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation ( TANGEDCO) Ltd., CEDC/North, Chennai – 2 3. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation ( TANGEDCO) Ltd., CEDC/South – II, K.K. Nagar, Chennai – 600 078. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.19642 of 2023 V.BHAVANI SUBBAROYAN, J. smn W.P.No.19642 of 2023 and W.M.P.No.18900 of 2023 17.03.2025 1/2 8/8 https://www.mhc.tn.gov.in/judis