BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2024 CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.10012 of 2023 and W.M.P(MD)Nos.8786, 10955 to 10958 of of 2023 P.Vasantha ... Petitioner Vs.

1.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, 8th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 2.

2.The Secretary Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, 9th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 2.

3.The Chief Engineer / Personnel, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, 8th Floor, NPKRR Maaligai, 144, Anna Salai, Chennai - 2.

4.The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, Ramnad Electrical Distribution Circle, Ramanathapuram, Ramnad District – 623 503. ...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 the impugned order passed by the 2^nd respondent dated 25.05.2023 in (Per.) CMD TANGEDCO Proceedings No.76 and quash the same and consequently direct the respondents 1 to 3 to consider the petitioner for promotion to the post of Senior Administrative Officer in accordance with her seniority, merit and ability without referring to the order of punishment, dated 05.01.2021 passed by the Superintending Engineer, Tuticorin Circle, which was given effect on 01.01.2022 with all attendant and consequential benefits.

For Petitioner : Mr.N.Dilipkumar For Respondents : Mr.B.Ramanathan Standing Counsel

ORDER

The petitioner has filed this Writ Petition seeking for a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in No.048/2023 dated 04.12.2023 on the file of the respondent No.2 and to quash the same as illegal and consequentially for a direction, directing the respondent No.2 to accept the Voluntary Retirement application dated 31.10.2023 and to grant Voluntary retirement from service to the petitioner from the post of the Secondary Grade Teacher in the 2^nd respondent College along with all consequential benefits.

2. Heard Mr.N.Dilipkumar, learned counsel for the petitioner and Mr.B.Ramanathan, learned Standing Counsel for the respondents.

3. The petitioner was working as a Administrative Officer in the fourth respondent office and she was also included in the panel for promotion to the post of Senior Administrative Office for the year 2019 – 2020 and her name appears as against Serial No. 15 in the list. However, the petitioner did not get the promotion because the vacancy got expired and she was waiting for the promotion as and when the vacancy arises in future. But unfortunately the petitioner was given with the punishment of stoppage of one increment on the allegation that she failed to initiate disciplinary action against the subordinates and to that effect a proceedings have been issued on 05.01.2021. The stoppage of increment was without cumulative effect and the punishment was also suffered by the petitioner from 05.01.2021 to January, 2022. The petitioner's name has been included in the next panel list for promotion in the panel list for the year 2021-2022. However, the petitioner was not given with any promotion as she was overlooked. The petitioner's name has been included in the subsequent promotion panel for the year 2022-2023. Still the petitioner has not been given with promotion even during the year 2022-2023 on some old allegations that the punishment is pending against him.

4. In fact the petitioner ought to have been given with the promotion in the year 2021-2022 itself, because the crucial date for preparing the panel is 1^st May, 2021 or atleast in the year 2022-2023, during which time there is no currency of punishment and it was over by January, 2022. The petitioner's promotion was withheld on the very same allegations of pending punishment, which is factually wron