Madras High Court
WA/1435/2024 of The Chief Engineer(Personnel) Vs V.Mahalakshmi on 22 September 2026
WA No. 1435 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 1435 of 2024
CNR:{HCMA011563632023}
and CMP No.10187 of 2024
1. The Chief Engineer(Personnel)
Tamil Nadu Generation and Distribution
Corporation Ltd, 8th Floor, NPKRR.Maligai, NO.144, Anna Salai, Chennai 2.
2. The Chairman cum Managing Director
Tamil Nadu Generation and Distribution
Corporation Ltd., 10th Floor, N.P.K.R.R.
Maligai, No.144, Anna Salai, Chennai-2.
3. The Superintending Engineer
Purchase and Administration, Tamil Nadu
Generation and Corporation Limited, Tuticorin Thermal Power Station, Tuticorin-4.
..Appellants
Vs
V.Mahalakshmi
D/o.Varadharajan, Type I, 10/11 Camp I, Thermal Nagar, Tuticorin-628 006.
..Respondent
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 5.7.2023 passed in WP.No. 8242/2016.
WA No. 1435 of 2024
For Appellant(s):
Mr.Anand Gopalan
For M/s.T.S.Gopalan And Co
For Respondent(s):
Mr.R.Suresh Kumar
For M/s.K.M.Vijayan Associates
For Sole Respondent
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) Tamil Nadu Generation and Distribution Corporation (TANGEDCO) preferred the present writ appeal challenging the writ order dated 05.07.2023 made in W.P.No.8242 of 2016.
2. The respondent was engaged as Contract Labourer till 28.10.1999. He was terminated from service. He approached the competent authority under the Conferment of Permanent Status to Workmen Act, 1981 (hereinafter referred to as 'the Act') and secured an order for grant of permanent status. The writ petition filed by TANGEDCO challenging the said order came to be dismissed. Thereafter, the appellant implemented the order by appointing the respondent on 02.01.2012. The service benefits are extended with effect from 02.01.2012 onwards. The respondent approached the Labour Court seeking the benefit of the award passed by the competent authority under the Act. The writ Court allowed the writ petition by granting the benefit with effect from 2001.
WA No. 1435 of 2024
3. Pertinently, many such similarly placed persons have secured an order for grant of benefits with effect from 02.01.2001. The said orders were implemented by the appellant. When the benefit of regularisation has been extended to similarly placed terminated contract labourers who were re- appointed, the said benefit need not be denied to the respondent herein. However, it is made clear that the period from 02.01.2001 to 02.01.2012 is to be reckoned as qualifying service only for pensionary benefits and the respondent shall not claim salary, seniority or promotion since he had not actually served from 2001 to 2012.
4. With the above modification in the writ order impugned, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
WA No. 1435 of 2024
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 1435 of 2024 22-09-2026