K KANTHAVEL Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER has filed this Writ Petition praying for Certiorarified Mandamus to quash the orders in Memo No.1443546/1975/G56/G561/97-30 dated 11.2.2002 and Memo No.144355/1975/G56/G561/97-35 dated 25.04.2002 respectively passed by the Respondent and for consequential direction to direct the Respondent to give the post of Assistant in the revised pay scale of Rs.4000-100-6000/-.

(2.) BRIEF facts are that Petitioner was originally working in Tamil Nadu Magnesium and Marine Chemicals Limited (for short TMML), a Government of Tamil Nadu undertaking. Due to technology problem and uneconomical operating conditions, it was shut down on 31.03.1993. By G.O.Ms.No.59, Industries Department dated 20.02.1997, Government of Tamil Nadu issued orders directing the State Public Sector Undertakings to absorb the employees of TMML. Thereafter, TMML Employees Union filed W.P.No.10517/1998. By the order dated 19.04.1999, the High Court has disposed of the Writ Petition interalia directing the Government to pass appropriate orders to absorb the employees in any one of the State owned Corporations within a period of 12 months from the date of the order.

(3.) RESPONDENT has filed the counter stating that as against the order passed in C.P.No.227/2000, TNEB has filed appeal in LPA No.49/2002 and in the LPA, the Division Bench has observed that direction given to the TNEB in the Contempt proceedings cannot be sustained. According to RESPONDENT-Board, appointment of Petitioner to the post of Assessor was pursuant to the erroneous order passed in the Contempt Petition and therefore, Petitioner's claim to appoint him in the post of Assistant cannot be countenanced. According to RESPONDENT the direction given for pay protection has already been complied with. While working as Assistant in TMML, Petitioner has got the gross salary of Rs.4409/- p.m. whereas in the Electricity Board in the post of Assessor, he is getting the gross salary of Rs.5147/- p.m. and in the post of Assessor he is drawing more what he was drawing in TMML.