IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.12.2025 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

1. K. Duraisamy (Deceased)

2. Vasanthi

3.Thalapathi

4.Priya (Petitioners 2 to 4 are substituted as Lrs of deceased 1^st petitioner vide order of this Court dated 27.02.2025)

..Petitioners Vs

1. Tamilnadu Generation and Distribution Corporation Ltd., rep by its Chief Engineer (Personnel)

144, Anna Salai, Chennai-2.

2.The Superintending Engineer Kadamparai Generation Circle Tamilnadu Generation and Distribution Corporation Ltd., Attahatti, Coimbatore District. ..Respondents Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to count the petitioner service as regular and pensionable service, from the date of completion of 480 days in 24 calendar months, from the date of the petitioner joining on 01.08.1974 and to pay him the revised pension and other terminal benefits for the petitioner entire service, together with interest,award costs.

For Petitioners : Ms. G.K. Dharshini For Respondents : Mr. David Sundar Singh, Standing Counsel

O R D E R

The captioned writ petition has been filed seeking the issuance of a writ of mandamus directing the respondents to count the services of the petitioner as regular and pensionable service from the date of completion of 480 days within 24 calendar months from the date of his joining duty, i.e., 01.08.1974, and to pay the revised pension and other terminal benefits.

2. The deceased petitioner was appointed as a Sweeper on 01.08.1974 in the office of the Superintending Engineer, Mettur Electricity Distribution Circle, Mettur. Pursuant to the order passed by this Court in W.P. No. 9289 of 1986 dated 25.04.1991, the Superintendent of the Tamil Nadu Electricity Board issued proceedings dated 07.11.1992 appointing the deceased petitioner as a regular sweeper in the Mettur Electricity Distribution Circle. The deceased petitioner retired from service on attaining the age of superannuation on 28.02.2014. During his lifetime, the deceased petitioner submitted a representation to the respondents seeking to count 50% of the services rendered as a part-time sweeper from 01.08.1974 to 16.09.1986 for the purpose of computation of pension and other terminal benefits. As the said request was not considered, the petitioner was constrained to approach this Court by way of the present writ petition.

3. The learned counsel for the petitioner submitted that, as per the respondents’ proceedings dated 08.09.2011, half of the services rendered by employees/pensioners in TANGEDCO on temporary basis after 01.01.1961 and absorbed into regular service before 01.04.2003 shall be counted for pensionary benefits along with regular service. Therefore, in light of the said proceedings, half of the services rendered by the petitioner ought to be counted for pensionary benefits along with regular service, and the denial of the same is arbitrary and discriminatory.

4. In response, the learned counsel for the respondents submitted that the petitioner was absorbed on 02.12.1992 and, in the absence of documentary evidence to substantiate that the petitioner had worked as a sweeper prior to that date, the claim of the petitioner is untenable and the writ petition is liable to be dismissed.

5. Heard the submissions of the learned counsel for the parties and perused the documents placed on record.

6. The petitioner had earlier approached this Court in W.P. No. 9289 of

1986 seeking a direction to the respondents to appoint him to any one of the permanent posts of Sweeper/Helper/Assessor, contending that he had worked for more than 480 days within 24 calendar months. In the said order, the Coordinate Bench of this Court observed that the deceased petitioner was working as a part-time sweeper in the Madras Electricity Board from 16.08.1974, as evident from the letter dated 31.11.1979 addressed by the Superintending Engineer, Mettur Dam, to the Chief Engineer,