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Madras High CourtWP/905/2023dismissed as infructuous

M.Ramesh Kumar v. Tamil Nadu State Transport

2025-02-17Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.02.2025 Coram:

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.905 of 2023 & W.M.P.No.884 of 2023 M.Ramesh Kumar

...Petitioner

Vs.

1. Tamil Nadu State Transport Corporation (Coimbatore) Ltd., rep. By its General Manager, Erode Region, Chennimalai Road, Erode

2. The General Manager Tamilnadu State Transport Corporation (Coimbatore) Ltd., Tirupur Region, Tirupur Depot - I, Kangeyam Road, Tirupur

3. The Branch Manager Tamilnadu State Transport Corporation (Coimbatore) Ltd., Palani Depot - II, Dindugal Road, Ayakudi (PO) Near Videkananda school, Palani.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order dated 29.10.2022 passed by the 2nd respondent in Pa.No.963/B2/PP1/TNSTC/KO/E.Ma/22 and the relieving order dated Nil in Page 1 / 4

No.9166 and quash the same and consequently direct the respondents to retain the petitioner in Palani Depot-II.

For Petitioner : Mr.R.Krishnaswamy For Respondents : Mr.Murali Vinoth Standing Counsel

O R D E R

The petitioner has filed this Writ Petition seeking for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order dated 29.10.2022 passed by the 2nd respondent in Pa.No.963/B2/PP1/TNSTC/KO/E.Ma/22 and the relieving order dated Nil in No.9166 and quash the same and consequently direct the respondents to retain the petitioner in Palani Depot-II.

2. When the petition is taken up for hearing, the learned counsel for the petitioner fairly submits that the petitioner has joined the duty in the transferred place, thereby pleaded to dismiss the petition as infructuous as nothing survives for adjudication. Further, the learned counsel for the petitioner seeks liberty to raise the claim to treat the period of non-employment as service period.

3. On instructions, it is submitted by the learned standing counsel Page 2 / 4

appearing for the respondents that the petitioner had joined the duty long back, but since 02.12.2024 onwards, the petitioner is not reporting to duty again.

4. Considering the claim made by the petitioner it is left open to the petitioner to avail legal remedy available, if any, as per law. The present Writ Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. No costs.

17.02.2025 Index : Yes / No;

Internet : Yes / No Speaking Order / Non Speaking Order ssd To

1. Tamil Nadu State Transport Corporation (Coimbatore) Ltd., rep. By its General Manager, Erode Region, Chennimalai Road, Erode

2. The General Manager Tamilnadu State Transport Corporation (Coimbatore) Ltd., Tirupur Region, Tirupur Depot - I, Kangeyam Road, Tirupur

3. The Branch Manager Tamilnadu State Transport Corporation (Coimbatore) Ltd., Palani Depot - II, Dindugal Road, Ayakudi (PO) Near Videkananda school, Palani.

V.BHAVANI SUBBAROYAN , J.

Page 3 / 4

ssd W.P.No.905 of 17.02.2025 Page 4 / 4