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Madras High Court

Kudankulam Nuclear Power Employees ... vs The Under Secretary on 1 February, 2022

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                                      WP(MD)No.7202 of 2020

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 01.02.2022

                                                     CORAM:

                                     THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                             W.P(MD)No.7202 of 2020


                1.Kudankulam Nuclear Power Employees Union,
                  Represented by its General Secretary,
                  Mr.S.Renganathan,
                  S/o.R.Subbaiah,
                  Reg.No.1078 /TVL,
                  Kudankulam Nuclear Power Project,
                  Radhapuram Taluk,
                  Tirunelveli – 627 106.

                2.S.Rajalingam

                3.K.Ramesh                                    : Petitioners

                                                      Vs.

                1.The Under Secretary,
                  Ministry of Personnel, P.G. & Pensions,
                  Department of Personnel & Training,
                  North Block,
                  New Delhi – 110 001

                2.The Chairman and Managing Director,
                  Nuclear Power Corporation of India Limited,
                  Anusakthi Nagar,
                  Mumbai – 400 094.

                3.The Director of (HR),
                  Nuclera Power Corporation of India Limited,
                  Anusakthi Nagar, Mumbai – 400 094.



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                                                                              WP(MD)No.7202 of 2020

                4.The Site Director,
                  Nuclear Power Corporation of India Limited,
                  Kudankulam Nuclear Power Project,
                  Kudankulam,
                  Radhapuram Taluk,
                  Tirunelveli District.

                5.The Deputy General Manager Head(HR),
                  Nuclear Power Corporation of India Limited,
                  Kudankulam Nuclear Power Project,
                  Kudankulam,
                  Radhapuram Taluk,
                  Tirunelveli District.

                6.The Deputy General Manager HR (Employees Relation),
                  Nuclear Power Corporation of India Limited,
                  Kudankulam Nuclear Power Project,
                  Kudankulam,
                  Radhapuram Taluk,
                  Tirunelveli District.                  : Respondents

                PRAYER:           Writ    Petition    filed     under    Article    226   of    the
                Constitution of India seeking issuance of Writ of Mandamus
                directing the respondents to declare the Poll days of the
                Rural Local Body Elections in Tamil Nadu on 27.12.2019 and
                30.12.2019 and all subsequent poll days of Rural Local Body
                Elections          in     Tamil   Nadu     as   Public   Holidays    or   in    the
                alternative grant special casual leave to the employees of
                the         Kudankulam         Nuclear     Power   Project,     Nuclear        Power
                Corporation of India Limited in tune with the Notification
                issued by the State Government vide G.O.Ms.No. 184 Rural
                Development              and   Panchayat    Raj    (PR.1   Department)      dated
                24.12.2019 within the time period stipulated by this Court.




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                                                                                      WP(MD)No.7202 of 2020

                                   For Petitioners             : Mr.Rajasekar



                                                               ORDER

Heard the learned Counsel appearing for the petitioners.

2.According to the petitioner, the petitioners submitted a representation dated 24.02.2020 to the respondents to declare the Poll days of the Rural Local Body Elections in Tamil Nadu on 27.12.2019 and 30.12.2019 and all subsequent poll days of Rural Local Body Elections in Tamil Nadu as Public Holidays or in the alternative grant special casual leave to the employees of the Kudankulam Nuclear Power Project, Nuclear Power Corporation of India Limited in tune with the Notification issued by the State Government vide G.O.Ms.No. 184 Rural Development and Panchayat Raj (PR.1 Department) dated 24.12.2019. However, the representation of the petitioners has not been considered so far. Therefore, the petitioner is before this Court.

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3.When the matter is taken up for hearing today, learned Counsel for the petitioner submitted that it would be suffice if the representation of the petitioners dated 24.02.2020 is directed to be disposed of, within a stipulated time limit.

4.In view of the limited relief sought for, this Court, without expressing anything on the merits of the case, directs the respondents to consider the petitioner's representation dated 24.02.2020 in line with G.O.Ms.No. 184 Rural Development and Panchayat Raj (PR.1 Department) dated 24.12.2019 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioners, within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above directions, this writ petition stands disposed of. No costs.

                Index    : Yes / No                                                01.02.2022
                Internet : Yes
                dsk


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dsk To

1.The Secretary to Government, School Education Department, Secretariat, Chennai – 600 009.

2.The District Educational Officer, Thoothukudi District, Thoothukudi.

3.The Correspondent, St.John's Teacher Training Institute, Nazareth – 628 617, Thoothukudi District.

W.P(MD)No.7202 of 2020

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