stay

BEFORE THE HON’BLE HIGH COURT OF JUDICATURE AT CHENNAI

(Special Original Jurisdiction)

(Under Art226 of Indian Constitutional Law)

M.P.No:1/15

In

W.P.No: /15

1) P.Chandira,M.E.,(M.B.A)(B.G.L),

Wife and Power of Attorney to R.Thangavel,2nd Petitioner,

E-77, Anna Road,

Block-27, Neyveli-3,Cuddalore District.

2) R.Thangavel,M.E.,M.I.E.,

The Chief Manager, CPFNo: 27329,

First Thermal Power Station,

Neyveli Lignite Corporation,

Neyveli-607803,Cuddalore Dt. -------------Petitioner/Petitioner

Verses

1) The Chairman cum Managing Director,NLC,Neyveli.

2) The Chief Vigilance officer,NLC,Neyveli.

3) The Director (Personnel Redesignated as HR),NLC,Neyveli.

4) The Chief General Manager (P&A Redesignated as HR),NLC,Neyveli.

5) The Deputy General Manager (P&A Redesignated as HR)

NLC,Neyveli. ----------Respondents/Respondents.

AFFIDAVIT FILED BY THE PETITIONER.

1. I, the 1 st petitioner Mrs.P.Chandira W/o R.Thangavel aged about 47

years is working as an Assistant Engineer(H)Nabard and Rural Roads,Panruti and

the 2nd petitioner is Er.R.Thangavel,is aged about 56 years, the Chief Manager

Neyveli Lignite Corporation, First Thermal Power Station, Neyveli residing at E-

77,Anna Road,Block-27,Neyvei-3 is sincerely and solemnly state as follows:

2. The 2nd petitioner humbly pray that this Hon’ble High Court may

please to permit the first petitioner his power of Attorney and his wife

Mrs.P.Chandira to represent this case on behalf of the 2nd petitioner as she knows

the facts and circumstances of the case very well and humbly submits the copy of

power of Attorney before this Hon’ble High Court and the petitioner has already

appeared before this Hon’ble High Court against the NLC not to transfer the 2nd

petitioner from Tamilnadu to Rajasthan Barshingsar Project. Even though the 2nd

petitioner challenged the cases with malafide and in individual capacity,this

Hon’ble High Court has not permitted reasonable opportunity in accordance with

law. The Hon’ble High Court decided the case based upon the report of the 5 th

respondent without calling for the records from NLC.On the contrary the fifth

respondent

3. The 2nd petitioner studied Bachelor of Engineering Degree in

Mechanical in Coimbatore Institute of Technology, Coimbatore in the year of 1981

and Master of Engineering, Design in Government College of Technology,

Coimbatore in the year of 1983. The 2nd Petitioner worked as Lecturer in

Coimbatore Institute of Technolgy,Coimbatore. The 2nd petitioner joined his duty

as Graduate Engineer Trainees on 15/11/1983 in esteemed Neyveli Lignite

Corporation. The 2nd petitioner was promoted as Assistant Executive Engineer on

01.06.1985, Executive Engineer on 01.09.1989 and Deputy Superintendent (Scale),

Senior Executive Engineer on 01.09.1993. The 2nd petitioner availed Lien Service,

Foreign Service (Lien) in abroad in the period of 19.09.2001 to 30.10.2003 after

relieving from the Neyveli Lignite Corporation on 18.09.2001. The 2nd petitioner

rejoined his duty back to Neyveli Lignite Corporation on 31.10.2003.

4. The 2nd petitioner was promoted as Deputy Chief Engineer E5 with

effect from 01.09.1997 by paper movement before the Departmental Promotion

Committee for his four years of his service completion as Senior Executive

Engineer, the Deputy Superintendent (Scale) 01.09.1993 to 30.08.1996. The 2nd

petitioner was promoted as Additional Chief Manager Scale E6 on 01.07.2005 and

subsequently on Additional Chief Manager, M-1 Grade/E6 on 01.07.2006.

5. In the mean time the petitioners purchased a land to construct an

apartment under PPA rules and regulation in the year of 2008 jointly with some

other Neyveli Lignite Corporation employees on 13.03.08 through

Thiru.Natarajan, the Chief Technician, Neyveli Lignite Corporation, Neyveli.

Thiru.Ananthakrishnan is also the one of the purchaser in Pondy. Thiru.Natarajan,

the Chief Technician and Thiru.Ananthakrishnan is doing real estate business from

2008 . In the mean the 1st petitioner was posted to Rajasthan Barshingsar Project

on 02.04.08 by Neyveli Lignite Corporation Proceeding. The petitioners submitted

several representations to the Neyveli Lignite Corporation Chairman-Cum-

Managing Director of Neyveli Lignite Corporation and all the Directors of Neyveli

Lignite Corporation to permit to continue the 2nd petitioner to do his duty at

Tamilnadu until FIRNo: 10/03 filed by the Vigilance Anti-Corruption Department

is pending as the 1st petitioner is witness to Tamilnadu State Vigilance Department

subsequent orders in W.P.No:26463/01 Dated: 04.03.02, 14.03.02, 23.04.03 and

24.06.03.

6. When the 2nd petitioner were went to his native for her mother’s death

six month ceremonial function at his native he was deemed to be relieved on

14.04.08 without serving the Transfer order. The 2nd petitioner submitted a

representation on 18.04.08 to the Director (Power) and the Chairman-Cum-

Managing Director of Neyveli Lignite Corporation to permit to continue his duty at

Neyveli. Further the petitioners planned to purchase an apartment at Chennai

Valasarawakkam on 14.05.08 through Thiru.Natarajan. The Director (Power)

permitted the 1st petitioner to continue the duty up to 14.07.08 in his proceeding on

22.05.08.

7. The 1st petitioner filed a defamation case in C.C.No:314/02 on

08.10.02 before the Judicial Magistrate Court-II, Chidambaram against a)

Thiru.Tamilselvan, the former Divisional Engineer (H) (Regular) Cuddalore b)

Thiru.Ponnselvan, the former Assistant Divisional Engineer (H) (Regular)

Chidambaram c) Thiru.Haribabu, the former Junior Engineer (H), Nabard and

Rural Roads, KattumannarKovil. Subsequently the first petitioner filed 91CRPC

before the Judicial Magistrate Court-II, Chidambaram on 29.01.2003 and is still

pending and hence the transfer OP No: 4787/14 is filed before the Judicial

Magistrate Court-II, Chidambaram to the District Munisiff Cum Judicial

Magistrate Court, Neyveli. The 1st petitioner is the complainant in

W.P.No:39160/04 to regularise the period. When the 1st petitioner was in a position

to attend the Hon’ble High Court as party-in-person after getting vakalat from

Thiru.Nithiandam,the Advocate for NLC in the year of 2008,the 1st petitioner

authorised the 2nd petitioner to represent the case C.C.No:314/02 in the month of

March2008 and he is also one of the witness in the case.

8. The 2nd petitioner filed a W.P.No:17124/08 before this Hon’ble

High Court on 14.07.08 with M.P.No:1/08 to dispense the transfer order and to

stay the transfer order in M.P.No:2/08 against a) The Director (Power) NLC,

Neyveli b) The DGM (P&A) NLC, Neyveli c) The General Manager, Thermal

Power Station-I, Neyveli d) The DGM (P&A) Welfare, NLC, Neyveli e) The Chief

Manager (P&A) Neyveli. The Hon’ble High Court granted an interim stay in

M.P.No:2/08 in W.P.No:17124/08 on 05.08.08. Subsequently the 1st petitioner was

permitted to continue duty at First Thermal Power Station, Neyveli on 08.08.08. In

order to prove the malafide act of respondents in M.P.No:2/08 in

W.P.No:17124/08 ,the 2nd petitioner filed M.P.No:4/08 in individual capacity and

to extend the stay in M.P.No:5/08 before the Hon’ble High Court on 13.08.08.

During the hearing on 18.08.08 the Hon’ble High Court permitted the implead

petition in M.P.No:4/08 and added the six to tenth respondents in individual

capacity and extended the stay petition in M.P.No:5/08 until further orders.

9. The 2nd respondent DGM (P&A) filed counter in M.P.No:3/08 on

behalf of the one to five respondents in official capacities in W.P.No:17124/08.

The respondents in individual capacity has not filed counter in W.P.No:17124/08.

During the hearing on 01.09.08 the Hon’ble High Court dismissed the

W.P.No:17124/08 with the direction to the second respondent DGM (P&A) to

consider the grievances in accordance with law. The 2nd petitioner was forcefully

relieved on 05.09.2008 by the Neyveli Lignite Corporation. The 2nd petitioner filed

Writ Review No: 103/08 with M.P.No:1/08 on 06.09.08. The Hon’ble High Court

issued notice to the ten respondents to file counter in M.P.No:1/08. The proof of

the Private notice also filed before the Hon’ble High Court High Court. During the

hearing on 18.09.08 the case is argued without counter by the one to ten

respondents and the case is adjourned for judgements. The Hon’ble Court passed

an order in Writ Review No: 103/08 without any order in M.P.No:1/08 without the

knowledge of the petitioners on 24.09.08. In the mean time the petitioners arranged

for an advocate N.R.R.Natarajan from Mrs.Nalini Chidambaram madam office.

The advocate issued contempt notice to the NLC management Chairman-Cum-

Managing Director of Neyveli Lignite Corporation, to the Directors and DGM,

(P&A) of Neyveli Lignite Corporation. Further the 1st petitioner filed a Writ

Petition against the 1st respondent herein the Chairman-Cum-Managing Director of

Neyveli on 14.05.2009 and the 2nd petitioner filed contempt petition which is

numbered as Cont.Pet.No:483/09 on 01.06.09. Even though the 1st petitioner filed

Writ Petition on 14.05.09 and 2b petition on 27.05.09 to add the 2nd petitioner in

the single writ petition, the Writ Petition was numbered in the second petitioner

only in W.P.No:11001/09 to call for the records on the file of

CORP/P&A/EE/0502/2008 Dated: 15.09.08 on the file of CGM (P&A) and all

further proceedings initiated by the Neyveli Lignite Corporation.

10. In the mean time the 1 st respondent has not conducted DPC in the

year of 2009. In the mean time the Project head, Rajasthan has issued a illegal

charge memo to the 2nd petitioner. Even though the 1st respondent permitted the

second petitioner to attend DPC in the year 2010, because of the illegal charge

memo created by the Project head the 2nd petitioner was not promoted as Chief

Manager. Even though the 1st respondent permitted the 2nd petitioner to attend DPC

in the year 2011, because of the illegal charge memo created by the Project head

the 2nd petitioner was not promoted as Chief Manager. The 1 st petitioner submitted

complaints on 27.05.2012 to the 2nd respondent herein against

Thiru.Ananthakrishnan and Thiru.Natarajan .The 2nd respondent directed the Chief

Manager Thiru.Sivashanmugham to conduct the preliminary enquiry on

14.05.2012 .The 1st petitioner submitted seventeen pages of documents along with

three pages of written statement. The petitioner was promoted as Chief Manager

Scale E6A on 01.07.2012 and subsequently on Chief Manager, M-2 Grade/E6A on

01.07.2013.

11. The 1st petitioner filed a Writ Petition before this Hon’ble High

Court on 07.10.2012 with twelve orders 1)FI.R.No:10/03 filed by the Vigilance

and Anti-Corruption Department, Cuddalore 2) The order of the Hon’ble High

Court in W.P.No:17124/08 Dated: 01.09.08 3) The order of the Hon’ble High

Court in Writ.Review.No:103/08 Dated: 24.09.08 4) The Secretary,Highways and

Minor Ports Department Lr Dated:13.10.08 5) The order of the Hon’ble High

Court in W.A.No:282/09 Dated: 18.03.09 6) The order of the Hon’ble High Court

in Writ Appeal Review.No:37/09 Dated: 30.04.09 7) The 2b Petition in

SRNo:41218 Dated:27.05.09 8)The substituted order of the Hon’ble High Court in

W.P.No:17124/08 Dated: 02.07.09 9) The substituted order of the Hon’ble High

Court in W.P.No:17124/08 Dated: 07.08.09 10) To set aside the order of the third

respondent dated:01.12.09 11) The order of the Hon’ble High Court in

W.P.No:11001/09 Dated: 13.02.09 12) The order of the Hon’ble High Court in

Crl.O.P.No:22241/11 Dated: 11.11.11.The first petitioner filed a Writ Petition in

W.P.No:11001/09 against the CMD,NLC,Neyveli which is numbered in the second

petitioner by the Registrar(Judicial) with the influence of the Principle

Secretary,Highways and Minor Ports Department,Secretariat,Chennai-9, the Chief

Judicial Magistrate Court,Cuddalore and the Inspector of Police,V&AC,Cuddalore

and caused undue harassment to the petitioners. Hence the petitioners filed this

Writ Petition on 07.10.2012 to regularise the period of the petitioner and her

husband with damaged remedy and relief and thus render justice.

12. In the reasons stated the 1 st petitioner humbly prayed on 07.10.2012

that this Hon’ble High Court may please to direct the CMD,NLC,Neyveli which is

numbered in the 2nd petitioner by the Registrar(Judicial) with the influence of the

Principle Secretary,Highways and Minor Ports Department,Secretariat,Chennai-9,

the Chief Judicial Magistrate Court,Cuddalore and the Inspector of

Police,V&AC,Cuddalore to file their report before this Hon’ble High Court based

upon the above case bundles and the representations submitted to them within the

stipulated period of time until disposal of the writ petition on 07.10.12 and thus

render justice.

13. In the reasons stated the 1 st petitioner humbly prayed on 07.10.2012

that this Hon’ble High Court may please to issue the Writ of Certiorari or any other

Writ calling for the records on the file of respondents in 1)FI.R.No:10/03 filed by

the Vigilance and Anti-Corruption Department, Cuddalore 2) The order of the

Hon’ble High Court in W.P.No:17124/08 Dated: 01.09.08 3) The order of the

Hon’ble High Court in Writ.Review.No:103/08 Dated: 24.09.08 4) The

Secretary,Highways and Minor Ports Department Lr Dated:13.10.08 5) The order

of the Hon’ble High Court in W.A.No:282/09 Dated: 18.03.09 6) The order of the

Hon’ble High Court in Writ Appeal Review.No:37/09 Dated: 30.04.09 7) The 2b

Petition in SRNo:41218 Dated:27.05.09 8)The substituted order of the Hon’ble

High Court in W.P.No:17124/08 Dated: 02.07.09 9) The substituted order of the

Hon’ble High Court in W.P.No:17124/08 Dated: 07.08.09 10) To set aside the

order of the third respondent dated:01.12.09 11) The order of the Hon’ble High

Court in W.P.No:11001/09 Dated: 13.02.09 12) The order of the Hon’ble High

Court in Crl.O.P.No:22241/11 Dated: 11.11.11 and consequently quash the illegal

proceedings of respondents on public interest to prevent the misuse of Government

funds and to regulate the period from the date of transfer order issued to the 2nd

petitioner to the date of his joining duty as duty period and promote him as Deputy

General Manager and regularization of Period 08.06.09 to 25.10.09 as duty to the

1st petitioner and promote the petitioner as Assistant Divisional Engineer and the

compensation to the petitioners as this Hon’ble High Court may deem fit and

proper in the circumstances of the case and thus render justice.

14. The 1 st respondent arranged for the departmental enquiry against

Thiru.Ananthakrishnan and Thiru.Natarajan in the month of January- 2014. When

the 1st petitioner had a plan to attend enquiry against Thiru.Ananthakrishnan at

Rajasthan Barshingsar Project with the 2nd petitioner,an accident happened at First

Thermal Power station on 20.05.2014 which is registered as FIRNo:59/14 by the

Inspector of Police,Thermal Power Station,Neyveli on the file of District Munisiff

Cum Judicial Magistrate Court,Neyveli and subsequently the 1st petitioner was

threatened on 24.05.2014 and falsely implicated in C.C.No:41/14 before the

Judicial Magistrate Court-II,Panruti which was transferred to the District Munisiff

Cum Judicial Magistrate Court,Neyveli. The 2nd petitioner submitted twenty three

pages of documents by fax to the departmental internal enquiry officer,Rajasthan

Barshingsar Project against Thiru.Ananthakrishnan. The 2nd petitioner submitted

nineteen documents to the departmental external enquiry

officer,A.R.Ramachandran against Thiru.Natarajan which is conducted in

Tamilnadu.

GROUNDS.

15) The 1st petitioner submitted complaints dated: 27.05.2012 to the 2nd

respondents to take necessary action against Thiru.Ananthakrishnan and

Thiru.Natarajan. The 2nd respondent had taken necessary steps to conduct an

enquiry through the 1st respondent department against Thiru.Ananthakrishnan

through departmental internal enquiry officer and an enquiry against

Thiru.Natarajan against through external enquiry officer Thiru.A.R.Ramachandran.

The respondents failed to serve the details of the action taken by them based upon

the complaints submitted by the petitioner to them is in violation of Principles of

Natural Justice and against law. Even though the petitioner requested the details

the presenting officer advised to get the details under Right to Information

Act2005. The first petitioner submitted an application under Right to Information

Act 2005 to the Central Public Information officer, Neyveli Lignite Corporation.

As the Central Public Information has not provided the details an appeal has been

submitted to the Appellate Authority, Right to Information Act2005.As the

Appellate authority also has not submitted the details the Second Appeal submitted

before the Central Information Commissioner to get the details and the respondents

are causing undue harassment to the petitioners in different ways.

16) The Hon’ble High Court passed an order in W.P.No:17124/08 on

01.09.08 and substituted on 02.07.09 and 07.08.09. The period between 01.09.08

to 07.08.09 is stay exist period.

17) The petitioner filed M.P.No:1/08 in Writ Review No:103/08 on

06.09.08.The Hon’ble High Court issued notice to the respondents in M.P.No:1/08

on 10.09.08. The proof also filed before the Hon’ble High Court. The respondents

in Writ Review not filed counter in the official capacity. In individual capacity not

filed counter and not appeared either in person or through advocate. The Hon’ble

High Court has not passed any orders in M.P.No:1/08 in Writ Review No:103/08.

In the mean time the fourth respondents passed impugned proceedings on

15.09.08.

18) The 1st petitioner humbly submits that the Postal department receipt

despatched from NLC management on 12.03.09 through the post office in vide

serial No:A687 to the 2nd petitioner, in vide serial No:688,to the District

Collector,Cuddalore and in vide serial No:689,to the Secretary, Highways/Govt of

Tamilnadu Highways Department,Secretariat,Chennai-9.

19) The 1st petitioner humbly submits that the Central Public Information

officer Letter No: PRD/CPIO/0062/2008-6 Dated: 08.07.2008. As per the terms

and conditions of appointment and promotion orders of the employees, they are

liable to be transferred to any branch/Department/subsidiaries/undertaking of the

Corporation situated anywhere in India. There is a need of experienced and

dedicated executives at the Project site for coordinating and executing various

activities for smooth implementation of the Project. Barshingsar Project at

Rajasthan is an upcoming and Prestigious, Mining-Cum-Power Project of NLC and

several senior and experienced executives have been transferred so as to

commence the project of NLC and several senior and experienced executives have

been transferred so as to commence this project as envisaged as per schedule.

Transfer is administrative decision and Prerogative of the Management and

transfer orders are issued deployment of employees who well experienced and

trained, so as to get best results for the Organisation. The 2nd petitioner as per the

direction of the Hon’ble High Court joined his duty on 19.08.09 and submitted a

representation to the 1st respondent to regularise the litigation period as duty and

promote the 2nd petitioner as Deputy General Manager and performed his duty for

the period of two years at Rajasthan Barshingsar Project.

20) The 1st petitioner humbly prayed on 07.10.2012 that this Hon’ble

High Court may please to direct the CMD,NLC,Neyveli which is numbered in the

second petitioner by the Registrar(Judicial) with the influence of the Principle

Secretary,Highways and Minor Ports Department,Secretariat,Chennai-9, the Chief

Judicial Magistrate Court,Cuddalore and the Inspector of Police,V&AC,Cuddalore

to file their report before this Hon’ble High Court based upon the above case

bundles and the representations submitted to them within the stipulated period of

time until disposal of the writ petition on 07.10.12 and thus render justice.

21) The 1 st petitioner humbly prayed on 07.10.2012 that this Hon’ble

High Court may please to issue the Writ of Certiorari or any other Writ calling for

the records on the file of respondents in 1)FI.R.No:10/03 filed by the Vigilance and

Anti-Corruption Department, Cuddalore 2) The order of the Hon’ble High Court in


Writ.Review.No:103/08 Dated: 24.09.08 4) The Secretary,Highways and Minor

Ports Department Lr Dated:13.10.08 5) The order of the Hon’ble High Court in

W.A.No:282/09 Dated: 18.03.09 6) The order of the Hon’ble High Court in Writ

Appeal Review.No:37/09 Dated: 30.04.09 7) The 2b Petition in SRNo:41218

Dated:27.05.09 8)The substituted order of the Hon’ble High Court in

W.P.No:17124/08 Dated: 02.07.09 9) The substituted order of the Hon’ble High

Court in W.P.No:17124/08 Dated: 07.08.09 10) To set aside the order of the third

respondent dated:01.12.09 11) The order of the Hon’ble High Court in


Crl.O.P.No:22241/11 Dated: 11.11.11 and consequently quash the illegal

proceedings of respondents on public interest to prevent the misuse of Government

funds and to regulate the period from the date of transfer order issued to the 2nd

petitioner to the date of his joining duty as duty period and promote him as Deputy

General Manager and regularization of Period 08.06.09 to 25.10.09 as duty to the

1st petitioner and promote the petitioner as Assistant Divisional Engineer and the

compensation to the petitioners as this Hon’ble High Court may deem fit and

proper in the circumstances of the case and thus render justice. The petitioner also

filed another Writ Petition to regularise the period and Rating of the Petitioner as

“Out Standing”.

22) The petitioner humbly submitted a representation Dated: 11.02.15

to the second respondent to fix the seniority of Engineers based upon their date of

joining at Rajasthan .The second respondent transferred the representation to the

third respondent. The third respondent failed to fix the seniority of the Engineers as

per the date of Joining at Rajasthan.

23) The Petitioner humbly prayed that this Hon’ble Court may please to

direct the respondents to fix the seniority of the Engineers based upon their date of

Joining at Rajasthan Barshingsar Project, to permit the second petitioner to attend

DPC 2015 for the post of Deputy General Manager.

24) In the above circumstances the first petitioner humbly prayed that

this Hon’ble Court may please to direct the respondents to stay the further

proceedings in Lr.No: CORP/ HR/EB (Exe)/517/CM/ 2014-1 Date: 12.04.2015 in

Departmental Promotion committee to fix the seniority of the Engineers based

upon their date of joining at Rajasthan Barshingsar Project, the 2nd petitioner to

attend DPC 2015 until disposal of this Writ Petition and thus render Justice.

25) In the above circumstances the petitioners humbly prayed that this

Hon’ble Court may please to issue a writ of certiorarified mandamus calling for the

records on the file of the fifth respondent in his Lr.No:CORP/

HR/EB(Exe)/517/CM/ 2014-1 Date:12.04.2015 ,the Chief Manager and other

Engineers list in the Neyveli Lignite Corporation, the details of employees joined

in Rajasthan Barshingsar Project to quash the same and consequently direct the

respondents to fix the seniority of the Chief Manager based upon their date of

joining at Barshingsar Project as directed by the second respondent office

Lr.No:VIG/NLC/CTS/AA/0025/2015 Dated:03.03.15 based upon the

representation of the 1st petitioner dated:11.02.15 and thus render Justice

Sincerely and solemnly as sworn

On 20.04.15 at Chennai Signature of the Petitioners-in-Person/

Power of Attorney and his wife.

BEFORE THE HON’BLE HIGH COURT

OF JUDICATURE AT CHENNAI

IN

W.P.No: /15

1) P.Chandira,W/o R.Thangavel,

E-77, Anna Road,

Block-27, Neyveli-3

2) R.Thangavel,

The CM, TPS-I,NLC,

Neyveli-607803 ---Petitioner/Petitioner

Verses

1) The Chairman cum Managing Director,

NLC,Neyveli.

2) The Chief Vigilance officer,

NLC,Neyveli.

3) The Director (Personnel

Redesiginated as HR),

NLC,Neyveli.

4) The CGM(P&A Redesignated as HR)

NLC,Neyveli.

5) The DGM (P&A Redesignated as HR)

NLC,Neyveli---Respon/Respondents .

P.CHANDIRA

PARTY-IN-PERSON

MEMORANDUM OF WRIT MISCELLANEOUS PETITION


M.P.No:1/15

In

W.P.No: /15



E-77, Anna Road,




TPS-I,NLC,Neyveli-607803,Cuddalore Dt. -------------Petitioner/Petitioner

Verses




4) The Chief General Manager(P&A Redesignated as HR),LC,Neyveli.

5) The Deputy General Manager(P&A Redesignated as HR)


DIRECTION PETITION

In the reasons stated in the accompanying affidavit the 2nd Petitioner

humbly prayed that this Hon’ble Court may please to direct the respondents to fix

the seniority of the Engineers based upon their date of Joining at Rajasthan

Barshingsar Project, to permit the 2nd petitioner to attend DPC 2015 for the post of

Deputy General Manager and thus render Justice.

Dated at Chennai on 22.02.15 Petitioners-Party-in-Person



IN

W.P.No: /15


E-77, Anna Road,

Block-27, Neyveli-3

2) R.Thangavel,

The CM, TPS-I,NLC,


Verses


NLC,Neyveli.


NLC,Neyveli.


Redesignated as HR),

NLC,Neyveli.


NLC,Neyveli.



P.CHANDIRA

PARTY-IN-PERSON

MEMORANDUM OF WRIT MISCELLANEOUS PETITION


M.P.No:1/15

In

W.P.No: /15



E-77, Anna Road,Block-27, Neyveli-3,Cuddalore District.



TPS-I,Neyveli Lignite Corporation,

Neyveli-607803,Cuddalore District. -------------Petitioner/Petitioner

Verses




4) The Chief General Manager (P&A Redesignated as HR),LC,Neyveli.

5) The Deputy General Manager (P&A Redeginated as HR)

NLC,Neyveli. ----------Respondents/Respondents

STAY PETITION

In the reasons stated in the accompanying affidavit the 2nd Petitioner

humbly prayed that this Hon’ble Court may please to direct the respondents to stay

5th respondent Lr.No:CORP/ HR/EB(Exe)/517/CM/ 2014-1 Date:12.04.2015 the

Departmental Promotion committee to fix the seniority of the Engineers based

upon their date of joining at Rajasthan Barshingsar Project until disposal of this

Writ Petition and thus render Justice.




IN

W.P.No: /15


E-77, Anna Road,

Block-27, Neyveli-3

2) R.Thangavel,

The CM, TPS-I,NLC,


Verses


NLC,Neyveli.


NLC,Neyveli.



NLC,Neyveli.


NLC,Neyveli.



P.CHANDIRA

PARTY-IN-PERSON

MEMORANDUM OF WRIT PETITION


In

W.P.No: /15



E-77, Anna Road,Block-27, Neyveli-3,Cuddalore Dt.



TPS-I,Neyveli Lignite Corporation,

Neyveli-607803,Cuddalore District -------------Petitioner/Petitioner

Verses



3) The Director (Personnel Redeginated as HR),NLC,Neyveli.




WRIT PETITION

The First Petitioner:

The first petitioner is Mrs.P.Chandira, W/o R.Thangavel, E-77, Anna

Road,Block-27, Neyveli-3 and the address for service of all the notices are as

stated above and appearing as Party-in-Person.

The Second Petitioner:

The second petitioner is R.Thangavel,the Chief Manager,First Thermal

Power Station,Neyveli Lignite Corporation,Neyveli-607803 and the address for

service of all the notices are as stated above and appointed his wife,the first

petitioner as power agent.

The First Respondent:

The First Respondent is the Chairman cum Managing Director, Neyveli

Lignite Corporation,Neyveli and the address for service of all the notices are the

Chief Law officer,NLC,Neyveli.

The Second Respondent:

The second Respondent is the Chief Vigilance officer,Neyveli Lignite

Corporation,Neyveli and the address for service of all the notices are the Chief

Law officer,NLC,Neyveli.

The third Respondent:

The third respondent is the Director (Personnel Redeginated as HR),

NLC, Neyveli and the address for service of all the notices are the Chief Law

officer,NLC,Neyveli.

The fourth Respondent:

The fourth respondent is the The CGM(P&A Redeginated as HR)

NLC, Neyveli and the address for service of all the notices are the Chief Law

officer,NLC,Neyveli.

The fifth Respondent:

The DGM (P&A Redeginated as HR)NLC, Neyveli and the address for service of all the notices are the Chief Law officer,NLC,Neyveli.

In the reasons stated in the accompanying affidavit the petitioners humbly

prayed that this Hon’ble Court may please to issue a writ of certiorarified

mandamus calling for the records on the file of the fifth respondent in his

Lr.No:CORP/ HR/EB(Exe)/517/CM/ 2014-1 Date:12.04.2015 ,the Chief Manager

list in the Neyveli Lignite Corporation, the details of employees joined in

Rajasthan Barshingsar Project to quash the same and consequently direct the

respondents to fix the seniority of the Chief Manager based upon their date of

joining at Barshingsar Project as directed by the second respondent office


representation of the 1st petitioner dated:11.02.15 and thus render Justice.




IN

W.P.No: /15


E-77, Anna Road,

Block-27, Neyveli-3

2) R.Thangavel,

The CM, TPS-I,NLC,


Verses


NLC,Neyveli.


NLC,Neyveli.



NLC,Neyveli.


NLC,Neyveli.


NLC,Neyveli---Respondents/Respondents .

P.CHANDIRA

PARTY-IN-PERSON




M.P.No:1/15

In

W.P.No: /15

1) P.Chandira,M.E(M.B.A)(B.G.L)


E-77, Anna Road,Block-27, Neyveli-3,Cuddalore District.

2) R.Thangavel,M.E.,

The Chief Manager,TPS-I,

NLC,Neyveli- 3,Cuddalore District -------------Petitioner/Petitioner

Verses



3) The Director (Personnel Redeginated as HR),NLC,Neyveli.




2b Petition filed by the Petitioner.

In the reasons stated in the accompanying affidavit the

petitioner humbly prayed that this Hon’ble High Court may please to permit the

Petitioners to join together and file a single Writ Petition and thus render justice.

Dated at Chennai on 20.04.2015 Petitioner-in-Person



IN

W.P.No: /15


E-77, Anna Road,

Block-27, Neyveli-3

2) R.Thangavel,

The CM, TPS-I,NLC,


Verses


NLC,Neyveli.


NLC,Neyveli.



NLC,Neyveli.


NLC,Neyveli.



P.CHANDIRA

PARTY-IN-PERSON




M.P.No:1/15

In

W.P.No: /15

1) P.Chandira,M.E(M.B.A)(B.G.L)


E-77, Anna Road,Block-27, Neyveli-3,Cuddalore District

2) R.Thangavel,M.E.,

The Chief Manager,TPS-I,

NLC,Neyveli- 3,Cuddalore District. -------------Petitioner/Petitioner

Verses







AFFIDAVIT FILED BY THE 1 st PETITIONERS ON HER BEHALF AND ON BEHALF OF THE 2 ND PETITIONER.

1. I, P. Chandira, wife of R. Thangavel, Hindu, aged 47 years, residing at E-

77, Anna Road, Block – 27, Neyveli, now temporarily come down to Chennai, do

hereby solemnly affirm and sincerely state as follows.

2. I am the 1st Petitioner herein and I am well acquainted with the facts of this

case. I am filing this affidavit on my behalf and on behalf of the 2nd Petitioner, who

is my husband. I am authorised by the 2nd petitioner to file this affidavit on his

behalf. The Petitioners submit that the above Writ Petition is being filed In the

reasons stated in the accompanying affidavit the petitioners humbly prayed that

this Hon’ble Court may please to issue a writ of certiorarified mandamus calling

for the records on the file of the fifth respondent in his Lr.No:CORP/

HR/EB(Exe)/517/CM/ 2014-1 Date:12.04.2015 ,the Chief Manager list in the

Neyveli Lignite Corporation, the details of employees joined in Rajasthan

Barshingsar Project to quash the same and consequently direct the respondents to

fix the seniority of the Chief Manager based upon their date of joining at

Barshingsar Project as directed by the second respondent office


representation of the 1st petitioner dated:11.02.15 and thus render Justice. The 1st

Petitioner is witness to Tamilnadu State Vigilance in FIRNo:10/03 filed by the

Inspector of Police,V&AC,Cuddalore and Neyveli Lignite Corporation Vigilance

Department against Thiru.Ananthakrishnan and Thiru.Natarajan and the cases are

proved.The 2nd petitioner is victimised due to the accused in the both the cases.The

Petitioners crave leave of this Hon’ble Court to read the affidavit filed in support

of the above writ petition as part and parcel of this affidavit.

3. The Petitioners submit that the grievances of the Petitioners are common and

the compensation for the both the petitioners. Hence, the Petitioners pray that they

may be permitted to join together and file a single Writ Petition.

4. In these circumstances, the Petitioners pray that this Hon’ble Court may be

pleased to permit the Petitioners to join together and file a single Writ Petition and

thus render justice.

Sincerely and solemnly sworn The 1st Petitioner-in-Person

At Chennai on 20th day of April-15 2nd Petitioner through his wife, 1st petitioner.



IN

W.P.No: /15


E-77, Anna Road,

Block-27, Neyveli-3

2) R.Thangavel,

The CM, TPS-I,NLC,


Verses


NLC,Neyveli.


NLC,Neyveli.



NLC,Neyveli.


NLC,Neyveli.



P.CHANDIRA

PARTY-IN-PERSON




In

W.P.No: /15


W/o R.Thangavel, E-77, Anna Road,



The Chief Manager,CPFNo:27329,

First Thermal Power Station,

Neyveli Lignite Corporation,

Neyveli-607803,Cuddalore District. -------------Petitioner/Petitioner

Verses


NLC,Neyveli. &Four others -------Respondents/Respondents.

TYPED SET

S.No Date Description of documents P.No1 08.07.08 NLC CPIO Lr No: PRD/CPIO/0062/2008-6 12 12.03.09 The postal department communication 23 27.05.09 2b petitioner filed by the first petitioner 34 01.11.11 The Power of Attorney. 45 11.02.15 The representation submitted to the first

respondent to fix the seniority by speed post.5

6 03.03.15 Lr.No:VIG/NLC/CTS/AA/0025/2015 Dated:03.03.15

6=7

7 15.04.15 The fifth respondent in his Lr.No:CORP/ HR/EB(Exe)/517/CM/ 2014-1 Date:12.04.2015

8-15

Dated at Chennai on 20th April 2015 Petitioner-in-Person

REGISTERED POST WITH ACK DUE

NEYVELI LIGNITE CORPORATION LIMITED

(‘Mini Ratna’-A Govt of India Enterprise)

P.O.NEYVELI-607801, CUDDALORE DISTRICT, TAMILNADU

CENTRAL PUBLIC INFORMATION OFFICE: P.R.DEPARTMENT

Letter No.PRD/CPIO/0062/2008-6 Dated: 08.07.2008

To

Smt.P.Chandira,201, Jawaharlal Nehru Street,Vridhachaam, Cuddalore District.

Madam,

Sub: Information on Employees Posted/Joined and Procedure for Selection of employees for

Barshingsar Project under the Right to Information Act, 2005-Reg.

Ref: 1.Application dated: 12.06.2008 received on 16.06.2008 from Smt.P.Chandira, 201, Jawaharlal

Nehru Street, Vridhachalam, Cuddalore District.

2. This office Letter No.PRD/CPIO/0062/2008-1 dated:13.06.2008.

3. Payment of Application fee for Rs.10/by banker’s cheque received on 21.06.08.

4. This office Letter No.PRD/CPIO/0062/2008-4 dated: 04.07.2008

5. Your letter dated: 07.07.2008 along with a DD for Rs 14/-

-----------------------

With reference to your application cited above and subsequent payment of fee, the information on employees posted/joined and procedure for Selection of employees for Barshingsar Project under the Right to Information Act, 2005.

Q.1&2.The name and details of the employees posted to Barshingsar Project in NLC furnished in Annexure-A.

Q.3 .As per the terms and conditions of appointment and promotion orders of Employees, they are liable to be transferred to any Branch/Department/Subsidiaries/Undertaking of the Corporation anywhere in India. There is a need of experienced and dedicated executives at the Project site for coordinating and executing various activities for smooth implementation of the project, Barshingsar Project at Rajasthan is an upcoming and Prestigious, Mining-Cum-Power Project of NLC and several senior and experienced executives have been transferred is administrative decision and prerogative of the management and transfer orders are issued for deployment of employees who are well experienced and trained so as to get best results for the Organisation. If you are aggrieved against the above reply, you may prefer an appeal within 30 days of receipt of the same, to the Appellate Authority whose address is given below:

The Chief General Manager/TA, Appellate officer under RTI Act,

Township Administrative office,NLC Limited,Neyveli-607801.

CENTRAL PUBLIC INFORMATION OFFICER.

Enclosure:As above(7 Pages)

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