N.Arulmani v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.5891 of 2025, 6792 of 2023, 26440 and 28855 of 2024 And W.M.P.Nos.6469 & 55100 of 2025, 6889 & 33999 of 2023, 28905 & 31466 of 2024 N.Arulmani ... Petitioner in all the W.Ps.

Vs.

1 The Managing Director Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

2 The General Manager Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

3 The General Manager (Administration) Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

... Respondents in W.P.5891/2025 1/12

1 The Union of India Rep. by its Chief Secretary to Government Government of Puducherry, Chief Secretariat, Puducherry.

2 The Secretary to Government Transport Department, Government of Puducherry, Puducherry.

3 The Superintendent of Police, Vigilance and Anti-Corruption, Puducherry.

4 The Inspector of Police, Vigilance and Anti-Corruption, Puducherry.

5 The Director Central Bureau of Investigation, Southern Region Office, Shastri Bhavan, Haddones Road, Chennai 600 006.

6 The Managing Director Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

7 The General Manager Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

... Respondents in W.P.6792 0f 2023 2/12

1 The Secretary to Government Transport Department, Government of Puducherry, Puducherry.

2 The Managing Director Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

3 The General Manager Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

... Respondents in W.P.26440 of 2024 1 The Secretary to Government Transport Department, Government of Puducherry, Puducherry.

2 The Managing Director Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

3 The General Manager Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

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4 The General Manager (Administration) Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

... Respondents in W.P.28855 of 2024 Prayer in W.P.No.5891 of 2025:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus after calling for the concerned records relating to the order No.305/PRTC/Admn/PF/2015/113 dated 07.02.2025 passed by the first respondent and quash the same and consequently direct the first respondent to continue to engage the petitioner as driver in the respondent Corporation. Prayer in W.P.No.6792 of 2023:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondent No.7 from taking any action for termination against petitioner on the basis of the Memo No.1735/PRTC/Admn/2022-23/113 dated 22.02.2023 and Memo No.1735/PRTC/Admn/2022-23/114 dated 22.02.2023 and Memo No.17/PRTC/Admn/2022-23/130 dated 24.02.2023 issued by the seventh respondent.

Prayer in W.P.No.26440 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to regularise the services of the petitioner as a Driver in the respondent Corporation 4/12

namely State Transport Corporation, Puducherry with all consequential monetary and other service benefits.

Prayer in W.P.No.28855 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the concerned records relating to the order dated 20.09.2024 in memo No.305/PRTC/Admn/2015/545 passed by the fourth respondent and quash the same. For Petitioners : Mr.M.Gnanasekar in all the W.Ps.

For Respondents : Mr.R.Sreedhar Additional Government Pleader (P) for R1 to R3 in W.Ps.5891/2025, 26440/2024 for R1 to R4 in W.P.28855/2024 for R1 to R4, R6, R7 in W.P.6792 of 2023 R5 - No Appearance in W.P.6792 of 2023 C O M M O N O R D E R Since the issue involved in these writ petitions are interrelated, they are heard together and disposed of by way of a common order.

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2.The learned counsel appearing for the petitioner submitted that the petitioner was appointed on 18.11.2015 along with 37 persons as contract driver and none of them were transferred from Puducherry, however, the third respondent vide order dated 17.12.2024 transferred the petitioner to Karaikal Branch and challenging the same, the petitioner filed writ petition before this Court, however, the third respondent passed the order dated 07.02.2025 terminating the service of the petitioner by way of punishment for not obeying the transfer dated 17.12.2024. Challenging the same, the petitioner has filed W.P.No.5891 of 2025. Earlier, the petitioner filed W.P.No.6792 of 2023 for issuance of Writ of Mandamus forbearing the General Manager, Puducherry Road Transport Corporation from taking any action for termination against petitioner on the basis of Memo No.1735/PRTC/Admn/2022-23/113 dated 22.02.2023 and Memo No.1735/PRTC/Admn/2022-23/114 dated 22.02.2023 and Memo No.17/PRTC/Admn/2022-23/130 dated 24.02.2023.

3.The learned counsel appearing for the petitioner further submitted that the petitioner filed W.P.No.26440 of 2024 seeking 6/12

direction to the respondents to regularise the services of the petitioner as a Driver in the respondent Corporation namely State Transport Corporation, Puducherry with all consequential monetary and other service benefits. After receiving notice from this Court in W.P.No.26440 of 2024, the respondents issued Memo dated 20.09.2024 and challenging the same, the petitioner filed W.P.No.28855 of 2024.

4.The learned counsel appearing for the petitioner further submitted that the petitioner has been employed as contract employee from the year 2015 onwards and the genuine issues raised by the petitioner in respect of corruption, the petitioner was repeatedly harassed by the respondent and was transferred from Puducherry and for non compliance of the transfer order, he was terminated from service, which is not sustainable one.

5.The learned Additional Government Pleader (P) submitted that the petitioner is not a regular employee and hence taking disciplinary action is not applicable to the petitioner. The petitioner is frequently quarelling with the other employees by making application either under RTI Act or by posting allegations against the respondents 7/12

and hence there is no cordial relationship between the petitioner and the respondent Corporation. Since the petitioner is not a regular employee of the respondent Corporation, his remedy lies only before appropriate Labour Court or Authority and such disputed question of fact cannot be agitated before this Court by way of writ petition. 6.Heard the arguments advanced on either side and perused the materials available on record.

7.Perusal of records reveal that the petitioner is not a regular employee. The petitioner is frequently quarelling with the other employees by making application either under RTI Act or by posting allegations against the respondents and hence there is no cordial relationship between the petitioner and the respondent Corporation. Hence taking disciplinary action is not applicable to the petitioner. Since the petitioner is not a regular employee of the respondent Corporation, his remedy lies only before appropriate Labour Court or Authority and before this Court by way of writ petition. Hence, this Court is not inclined to grant the relief sought for in these writ petitions.

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8.At this juncture, the learned counsel appearing for the petitioner submitted that this Court may permit the petitioner to work out the remedy before the appropriate Authority and issue direction to the appropriate Authority to pass appropriate orders within a reasonable time frame and grant further liberty to the petitioner to approach the Labour Court, if any adverse order is passed by the appropriate Authority, and issue direction to the Labour Court to pass appropriate orders within a reasonable time frame. 9.

Considering the request now made by the learned counsel appearing for the petitioner, this Court permits the petitioner to work out the remedy before the appropriate Authority, within a period of two weeks from the date of receipt of a copy of this order and on such approach by the petitioner, the concerned Authority is directed to consider the same and pass appropriate orders within a period of six weeks thereafter and if any adverse order is passed by the said Authority, further liberty is granted to the petitioner to approach the competent Labour Court. If any dispute is raised by the petitioner before the Labour Court, the Labour Court is directed to consider the same and dispose of the same, within a period of six months from the date of the dispute.

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10.With the above liberty, directions and observations, the writ petitions are dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

27.01.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The Managing Director Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

2 The General Manager Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

3 The General Manager (Administration) Puducherry Road Transport Corporation, Ayyanar Koil Street, behind New Bus Stand, Raja Nagar, Puducherry 605 013.

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4 The Union of India Rep. by its Chief Secretary to Government Government of Puducherry, Chief Secretariat, Puducherry.

5 The Secretary to Government Transport Department, Government of Puducherry, Puducherry.

6 The Superintendent of Police, Vigilance and Anti-Corruption, Puducherry.

7 The Inspector of Police, Vigilance and Anti-Corruption, Puducherry.

8 The Director Central Bureau of Investigation, Southern Region Office, Shastri Bhavan, Haddones Road, Chennai 600 006.

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M.DHANDAPANI,J.

pri W.P.Nos.5891 of 2025, 6792 of 2023, 26440 and 28855 of 2024 And W.M.P.Nos.6469 & 55100 of 2025, 6889 & 33999 of 2023, 28905 & 31466 of 2024 27.01.2026 12/12