BEFORE THE HON

MEMORANDUM OF WRIT MISCELLANEOUS PETITION

BEFORE THE HON’BLE HIGH COURT OF JUDICATURE AT CHENNAI

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.,2nd Petitioner in Person,

The Chief Manager,TPS-I,

NLC,Neyveli- 3,Cuddalore District. -------------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),LC,Neyveli.

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

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

AFFIDAVIT FILED BY THE PETITIONERS ALONG WITH 2B PETITION FILED IN SRNO:

56882 WITH MODIFICATION.

1. I, P. Chandira, wife of R. Thangavel,2nd Petitioner herein,Hindu, aged 47

years and the 2nd Petitioner is R.Thangavel S/o S.Ramasamy,working as Chief

Manager in Neyveli Lignite Corporation,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. The 1st Petitioner well acquainted with the facts of this case and conducting

cases on behalf of the 2nd petitioner. The both petitioners are filing this affidavit on

behalf of themselves.The 1st petitioner submitted Power Attorney document with

Notary Attested copy to represent on behalf of 2nd petitioner. 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 5th 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 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.

3. The 1st Petitioner is witness to Tamilnadu State Vigilance in FIRNo:10/03

filed by the Inspector of Police,V&AC,Cuddalore on 10.11.13. The inordinate

delay in finalising the case and to permit the accused to escape from clutches of

law the both the petitioners are harassed. The 2nd petitioner submitted two

compliants on 27.05.12 to the 2nd respondent against Thiru.Ananthakrishnan and

Thiru.Natarajan to get back our property at Pondy and Valasaravakkam. The 2nd

respondent passed final order on 03.03.15. The inordinate delay from 27.05.12 to

03.03.15 in finalising the cases causes undue harassment to the both the petitioners.

The petitioners are victimised due to the accused in the both the cases and the

inordinate delay in taking action against the both the cases. As per the Central

Vigilance Commission Manual any disciplinary proceedings has to be completed

within six months period of time.

4. The management has transferred the 2 nd petitioner to Rajasthan

Barshingsar Project as outstanding, talented and well experienced candidate need

for Project Site. When there are 416 outstanding candidate was available in

Mechanical Discipline, the management transferred the 2nd petitioner. Hence it is

necessary to fix the seniority before 416 Engineers. The 2nd petitioner obeyed the

order of this Hon’ble Court and joined duty at Rajasthan Barshingsar Project and

submitted representation to consider for Promotion, regularisation of Period

through Proper Channel on 10.09.09 through the departmental enquiry officer

against the illegal charge memo No:7596/NLC/BP/P&A/Displ/2008

Dated:11.11.2008 for not joining duty at Rajasthan. Even though 2nd petitioner

received order in WPSRNo: 15155/09 before the Division bench and directed the

1st respondent to considered 2nd petitioner’s representation dated: 24.12.08. If the 1st

respondent failed to consider the 2nd petitioner’s grievance dated: 24.12.08, clearly

proves that 1st respondent having committed contempt of Court. The Hon’ble High

Court passed an order on 18.03.09 to join duty and submit your grievance to the

management. Even though the charges are illegal the petitioner attended the

departmental enquiry and the enquiry officer and the presenting officer closed the

enquiry proceedings on 10.09.09 with the acceptance to grant Deputy General

Manager Promotion with effect from 19.08.09 and regularisation of Period as duty.

5. The management has followed a procedure by conducting interview

for the selection of outstanding candidates for Rajasthan Barshingsar Project in the

year of 1991 with next higher grade benefit in 5th respondent’s Lr.No:5617/P&A

II-4/91-22 Dated:22.08.91. The petitioner was transferred from ACM and hence he

is eligible to get monetary benefits of DGM the next higher grade as the Chief

Manager and ACM scale of pay is the same. Hence the 2nd petitioner is eligible for

monetary benefits for Deputy General Manager grade from 19.08.09.

6. The 4th respondent’s impugned proceeding No: Lr.No: CORP/

P&A/EE/0502/2008 Dated: 15.09.08 based upon the order of W.P.No:17124/08

Dated: 01.09.08, when the Miscellaneous Petition in Review No: 103/08 in

W.P.No:17124/08 was pending. The management has not considered the same.

The Hon’ble High Court substituted the Order in W.P.No:17124/08 on 02.07.09

and subsequently substituted on 07.08.09. When the Hon’ble High Court

substituted the order dated: 01.09.08 on 02.07.09 &07.08.09 the any proceedings

initiated by the management based upon the order of W.P.No:17124/08 is

impugned proceeding No: Lr.No: CORP/ P&A/EE/0502/2008 Dated: 15.09.08 and

Memo No: 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 is illegal and null and

void. Even though illegal charge memo created against the 2nd petitioner, he denied

the charges and attended enquiries, the departmental enquiry officer and presenting

officer closed the enquiry on 10.09.09 and the management ready to provide the

post of Deputy General Manager post and to regularise the period as duty.

6. The enquiry officer submitted report on 16.09.09 and the 2nd petitioner

submitted denied report on 22.10.09 to the enquiry officer. The 1 st petitioner is the

witness to the 2nd petitioner. As the 1st petitioner got chest pain as the 2nd petitioner

joined his duty at Rajasthan and admitted in the Neyveli Lignite Corporation

Hospital 1st petitioner was not able to attend enquiry at Rajasthan Barshingsar

Project for the 2nd time. 1st petitioner attended enquiry on 6th and 8th at Barshingsar

Project along with the 2nd petitioner. As the management has not provided the

documents on that day the enquiry was adjourned. In the mean time the state

Vigilance Department has closed the FIRNo: 10/03 by passing G.O.No:203 Dated:

03.11.09 subsequent Govt Lr.No:13.10.08 and action dropped 01.12.10.

7. The management has inordinately delayed to pass an order and issued

show cause notice in Lr.No:5801/NLC/BP/P&A/Displ/2010 Dated: 06.01.11 by

the General Manager, the Disciplinary Authority received by the 2nd petitioner on

10.01.11. The General Manager is inordinately delayed the case 22.10.09 and

caused the possibility of getting promotion in two DPC. The 2nd petitioner

submitted denied statement on 18.01.11 to the General Manager, the Disciplinary

Authority. The General Manager, the Disciplinary Authority passed an order in

O.O.No:6071/NLC/BP/P&A/Displ/2011 Dated: 02.02.11.The 2nd petitioner denied

the statement and appeal submitted to the Project head, the Appellate Authority on

07.02.2011.The Appellate authority, the Project head passed an order in

Lr.No:6354/NLC/BP/P&A/Displ/2011 received on 25.02.11.The 2nd petitioner

rejoined his duty at Neyveli on 23.09.11on his completion of service at Rajasthan

Barshingsar Project. The case filed before the Hon’ble High Court to quash the

impugned proceeding No: Lr.No: CORP/ P&A/EE/0502/2008 Dated: 15.09.08 and

subsequent Memo No: 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 is posted

before the Hon’ble High Court for admission on 10.02.12 and the NLC advocates

received the notice and subsequently dismissed as infrutous on 13.02.12.

Subsequently the case is filed by the 1st petitioner on 07.10.2012 is posted for

admission for maintainability on 30.03.15 in WPSRNo:117221 and 117222 and the

1st petitioner submitted miscellaneous petition to amend the prayer on 30.03.15 and

listed on 29.04.15. The Hon’ble Justice advised to separate petition for the 2nd

petitioner. Hence Writ Appeal is filed in W.P.No:11001/09 and the Writ petition is

filed to quash the subsequent Memo No: 7596/NLC/BP/P&A/Displ/2008 Dated:

11.11.08 and rating awarded to the 2nd petitioner as “good “instead of

“outstanding”. As per Supreme Court five bench Judgement any entry except

“outstanding” rating has to be communicated to the employee to improve his

performance. No communication has received by the 2nd petitioner. The 1st

petitioner submitted fifteen pages of 1st typed set and the additional typed set of

one hundred and three pages submitted before this Hon’ble High Court and the

Hon’ble Apex Court Judgement of Civil Appeal No: 7631/2002. The employees

ACR are graded as 1) Out standing 2) Very good 3) Good 4) Fair &5) Satisfactory.

Except “out standing” entry other entries has to be communicated to the individual

to improve their performance.

8. The Petitioners submit that the 1st petitioner is witness to state vigilance and

NLC vigilance the 2nd petitioners promotion, loss of pay and rating are affected.

Hence, the Petitioners pray that they may be permitted to join together and file a

single Writ Petition or the petitioners are ready to additional fee of rupees two

hundred before this Hon’ble High Court.

9. 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 or

permit further court fee of two hundred rupees and thus render justice. 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.

Sincerely and solemnly sworn 1st Petitioner-in-Person

At Chennai on 11th day of May-15

2nd Petitioner-in-Person.

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---Respondents/Respondents .

P.CHANDIRA

PARTY-IN-PERSON


(Special Original Jurisdiction)

(Under Art226 of Indian Constitutional Law)

M.P.No:1/15

In

W.P.No: /15




2) R.Thangavel,M.E.,


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

Verses



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




2b Petition filed by the Petitioners.

In the reasons stated in the accompanying affidavit the

petitioners 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 1st Petitioner-in-Person

2nd Petitioner-in-Person

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---Respondents/Respondents .

P.CHANDIRA

PARTY-IN-PERSON




M.P.No:1/15

In

W.P.No: /15




2) R.Thangavel,M.E.,



Verses







COMBINED TYPED SET.

SNo Date Documents Page

1 22.08.91 Lr.No:5617/P&A II-4/91-22 by DGM (P&A), NLC. 1

2 04.03.02 The Hon’ble High Court Order in W.P.No: 26463/01 2-3




6 10.11.03 FIRNo:10/11/03 filed Inspector of Police, V&AC, Cuddalore.

10-16

7 02.04.08 Corp/P&A/502/355/08-28 DGM(P&A), NLC, Neyveli 17

8 08.07.08 NLC CPIO Lr.No:PRD/CPIO/0062/2008-6 18

9 28.06.08 Inspector,Vigilance Letter to District Collector and S.P,Cuddalore.

19

10 01.09.08 W.P.No:17124/08. 20-36

11 15.09.08 Lr.No: CORP/ P&A/EE/0502/2008 Dated: 15.09.08 37-41

12 24.09.08 Writ Review No: 103/08 without any order in 42-46

M.P.No:1/08.

13 13.10.08 Govt Lr from Secretary, Highways dated: 13.10.08. 47-48

14 11.11.08 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 49-60

15 04.03.09 WASRNo:15515/09 61-64

16 12.03.09 The Postal department communication from NLC 65

17 18.03.09 WANo:282/09 66-68

18 30.04.09 Review order No:37/09 69-72

19 27.05.09 2b Petition filed in W.P.No:11001/09 73-74

20 24.06.09 W.P.No:11001/09 75

21 02.07.09 Traffic Ramasamy Telegram 76-77

22 10.09.09 Disciplinary enquiry 78-79

23 03.11.09 G.O.No:203 80

24 11.01.12 Crl.O.P.No:22241/11 81-83

25 01.11.11 Notary Attested Power of Attorney 84

26 13.02.12 The order in W.P.No:11001/09 85-87

27 27.05.12 The compliant to 2nd respondent 88


29 07.10.12 Prerogative Writ before High Court Chennai, 90-93

30 11.02.15 Representation submitted by the 1st petitioner to the 1st respondent and 2nd respondent to fix the seniority by speed post.

94

31 03.03.15 Lr.No:VIG/NLC/CTS/AA/0025/2015 95

32 03.03.15 The 2nd respondent’s letter 96

33 30.03.15 Typed set & Prerogative Writ 97-99

34 30.03.15 Affidavit 100-105

35 30.03.15 Petition. 106

36 12.04.15 The Impugned Proceedings, the 5th respondent’s Lr.No:CORP/HR/EB(Exec)/517/CM/2014-1

107-113

37 15.04.15 The 2nd Respondent’s Cir.No.CORP/HR/DA/1643/2015 114

38 Apex Court Judgement Civil Appeal 7631/02 Twenty three pages.




M.P.No:1/15

In

W.P.No: /15




2) R.Thangavel,M.E.,The Chief Manager,TPS-I,


Verses







ADDITIONAL TYPED SET.

SNo Date Documents Page

1 22.08.91 Lr.No:5617/P&A II-4/91-22 by DGM (P&A), NLC. 1





6 10.11.03 FIRNo:10/11/03 filed Inspector of Police, V&AC, Cuddalore.

10-16

7 02.04.08 Corp/P&A/502/355/08-28 DGM(P&A), NLC, Neyveli 17

8 01.09.08 W.P.No:17124/08. 18-34

9 15.09.08 Lr.No: CORP/ P&A/EE/0502/2008 Dated: 15.09.08 35-39

10 24.09.08 Writ Review No: 103/08 without any order in M.P.No:1/08.

40-44

11 13.10.08 Govt Lr from Secretary, Highways dated: 13.10.08. 45-46

12 11.11.08 7596/NLC/BP/P&A/Displ/2008 Dated: 11.11.08 47-58

13 04.03.09 WASRNo:15515/09 59-62


15 18.03.09 WANo:282/09 64-66

16 30.04.09 Review order No:37/09 67-70

17 27.05.09 2b Petition filed in W.P.No:11001/09 71-72

18 24.06.09 W.P.No:11001/09 73

19 02.07.09 Traffic Ramasamy Telegram 74-75

20 10.09.09 Disciplinary enquiry 76-77

21 03.11.09 G.O.No:203 78

22 11.01.12 Crl.O.P.No:22241/11 79-81

23 13.02.12 The order in W.P.No:11001/09 82-84



26 07.10.12 Prerogative Writ before High Court Chennai, 87-90

27 03.03.15 The 2nd respondent’s letter 91

28 30.03.15 Typed set 92

29 30.03.15 Prerogative Writ 93-94

30 30.03.15 Affidavit 95-1031

31 30.03.15 Petition. 102-103

Apex Court Judgement in Civil Appeal 7631/02 twenty three pages.

1 08.07.08 NLC CPIO Lr.No:PRD/CPIO/0062/2008-6 1


3 27.05.09 2b Petition filed in W.P.No:11001/09 3

4 01.11.11 Notary Attested Power of Attorney 4

5 11.02.15 The 1st petitioner Lr to the 1st respondent and 2nd respondent to fix the seniority by speed post.

5

6 03.03.15 Lr.No:VIG/NLC/CTS/AA/0025/2015 6-7

7 12.04.15 The Impugned Proceedings, the 5th respondent’s Lr.No:CORP/HR/EB(Exec)/517/CM/2014-1

8-14

8 15.04.15 The 2nd Respondent’s Cir.No.CORP/HR/DA/1643/2015 15

BEFORE THE HON

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