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Madras High CourtWP/5714/2022disposed of

N.R.Manoharan v. The Managing Director

2022-03-14Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.5714 of 2022 and W.M.P.No.5805 of 2022 N.R.Manoharan ... Petitioner Vs.

1.The Managing Director, The Tamil Nadu State Marketing Corporation Limited (TASMAC), IV Floor, CMDA Tower II Office Complex, Gandhi-Irwin Bridge Road, Egmore, Chennai - 600 008.

2.Tamilnadu State Marketing Corporation Limited, Rep. by its Senior Regional Manager, Trichy Region, Old Collector Office Complex, Tiruchirapalli.

3.District Manager, Tamilnadu State Marketing Corporation Limited, Chennai Main Road, Villupuram - 605 602.

... Respondents Prayer: Writ petition filed under Section 226 of the Constitution of India seeking to issue a writ of Mandamus, directing the respondents to pay the entire arrears of salary from January 2021 till date and to continue pay the regular salary to the petitioner here afterwards.

For Petitioner : Mr.K.Sakthivel For Respondents : Mr.K.Sathish Kumar Standing Counsel

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The case of the writ petitioner is that the petitioner was working as Supervisor in the 1st respondent corporation and he was suspended from service on 19.08.2021 by the 3rd respondent vide his proceedings in Na.Ka.No.A6/11793/2021. During the suspension period, the respondent has paid only 50% of the salary to the petitioner and he was also not paid the salary from 19.01.2021 to 18.08.2021. In the meanwhile, the 3rd respondent vide order dated 31.12.2021, acquitted the petitioner from all the charges placed in the show cause notice. Therefore, the petitioner made a representation to the respondents on 02.02.2022seeking for arrears of salary. But the same has not been considered till date. Hence the present petition.

3. The learned counsel for the petitioner submitted that though the writ petitioner has sought for a direction to the respondent Corporation to pay the entire arrears of salary from January 2021 till date, he has restricted his relief to consider his representation.

4. The learned Standing Counsel appearing for the respondents submitted that if any such representation made by the petitioner was received by the respondents, the same will be considered on merits and in accordance with law.

5. In view of the aforesaid submissions and in the interest of justice, this Court is inclined to direct the respondents to consider the petitioner's representation dated 02.02.2022 on its own merits and in accordance with law, as expeditiously as possible, more preferably, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CSVII) //True Copy// Sub Assistant Registrar ata/uma

To 1.The Managing Director, The Tamil Nadu State Marketing Corporation Limited (TASMAC), Gandhi-Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The Senior Regional Manager, Tamilnadu State Marketing Corporation Limited, Old Collector Office Complex, Tiruchirapalli.

3.District Manager, Tamilnadu State Marketing Corporation Limited, Chennai Main Road, Villupuram - 605 602.

+2cc to Mr.K.Satthvel, Advocate SR.No.17855, 17346 W.P.No.5714 of 2022 and W.M.P No.5805 of 2022 RGN(CO) GN(01/04/2022)