1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2011 CORAM : THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD) No.124 of 2011 A.Muthiah ... Appellant/Petitioner Vs. 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002. 2.The Chief Engineer(Personnel), Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002. 3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Maharaja Nagar, Tirunelveli-11. 4.The Deputy Chief Internal Audit Officer, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 600 002. ... Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 20.11.2009 in W.P.(MD) No.11698 of 2008 on the file of this Court. Prayer in W.P.(MD) No.11698 of 2008: Writ petition is filed under Article 226 of the Constitution of India to issue a a Writ of Certiorarified Mandamus to call for the records from the letter of the Second respondent in 121335/754/G46/2007-4, dated 01.08.2008 and quash the impugned order, dated 01.08.2008 and further direct the respondents to give suitable placement of service of petitioner affording the petitioner to become eligible for appropriate pension of 36 years of service rendered by him to Tamil Nadu Electricity Board. For Appellant : Mr.D.Sivaraman For Respondents : Mr.V.Panneerselvam JUDGMENT R.SUBBIAH,J. This writ appeal is directed against the order passed in W.P.(MD) No.11698 of 2008, dated 20.11.2009 whereby the learned single Judge has dismissed the writ petition on the ground of laches. https://hcservices.ecourts.gov.in/hcservices/ 2 2.It is the contention of the learned counsel for the appellant that the appellant was appointed as a casual labour in the respondent Board and he should have been confirmed as helper on 01.05.1974. But he was given the post of helper only from 01.01.1977. Subsequently, he was promoted as Commercial Assistant on 01.08.1979. Thereafter, on 22.05.1998, he was promoted as Commercial Inspector and on 18.05.2000, he was promoted as Foreman I Grade and on 30.11.2006, he retired from the post and then he was receiving the pension, which was fixed at Rs.6,344/- p.m. with Dearness Allowance. The petitioner having not granted helper status as on 01.05.1974 his pension got reduced. The appellant submitted a representation to the respondent Board and after considering his representation, the respondents passed the order dated 01.08.2008. The said order was challenged by the appellant in the writ petition. On consideration of the submissions made on either side, the learned single Judge dismissed the writ petition on the ground of laches since the appellant had come forward with the writ petition with a delay of 30 years. 3.It is the contention of the learned counsel for the appellant that since similarly placed persons were absorbed in the year 1974, he is also entitled for absorption with effect from 01.05.1974. Hence, the present appeal. 4.We have heard the learned counsel appearing on either side and perused the entire materials available on record. 5.As there is a long gap of 30 years in filing the writ petition and there is unreasonable delay, we do not find any infirmity in the order passed by the learned single Judge. Hence, the writ appeal is dismissed. No costs. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai,Chennai – 600 002. 2.The Chief Engineer(Personnel), Tamil Nadu Electricity Board,800, Anna Salai,Chennai – 600 002. 3.The Superintending Engineer, Tirunelveli Electricity Distribution Circle, Maharaja Nagar,Tirunelveli-11. 4.The Deputy Chief Internal Audit Officer, Tamil Nadu Electricity Board, 800, Anna Salai,Chennai – 600 002. +1cc to M/s.V.Pushpa, Advocate SR.No.4073 W.A.(MD) No.124 of 2011 02.02.2011 sms PA/18.03.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/