S.Prasanth v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Prasanth ....

Petitioner Vs

1. The Principal Secretary, Government of Tamil Nadu, Tamil Nadu State Transport Corporation Ltd., Secretariat, Fort St.George, Kamarajar Salai, Chennai - 600 009.

2. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its General Manager, Vellore Region, Vellore - 9.

3. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its Branch Manager, Arcot Branch, Ranipet District.

....

Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 20.11.2019 passed by the second respondent in Proceedings No.1/10/Ni4/Tamil Nadu State Transport Corporation (TNSTC) (Villupuram)/Vellore/2019 terminating the petitioner from service of Conductor (RC No.1352 Arcot Branch) and quash the same and consequently to direct the second respondent to reinstate the petitioner into service within the time frame to be fixed by this Court.

For Petitioner : Mr.D.Thirumoorthy For R1 : Mr.V.Veluchamy Additional Government Pleader For R2 & R3 : Mr.K.Venkatesa Perumal Standing Counsel

ORDER

This Writ Petition has been filed challenging the order passed by the second respondent dated 20.11.2019, thereby terminated the petitioner from service.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as a Conductor in the respondent Corporation on 09.04.2015. He had worked till 12.08.2018. Due to back pain, he had undergone treatment and he was advised to take bed rest. Therefore, he did not continue his service as Conductor. The petitioner also failed to communicate his illness to the second respondent Corporation. He was appointed on temporary basis and his service was not yet regularised. Therefore, after calling upon the petitioner to submit his explanation, the petitioner was terminated from service in the year 2019. Now it has been challenged after a period of five years.

4. Therefore, this Court finds no infirmity or illegality in the order

passed by the second respondent on 20.11.2019. Thus, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs.

19.03.2024 Index : Yes/No Speaking/Non Speaking order Lpp To

1. The Principal Secretary, Government of Tamil Nadu, Tamil Nadu State Transport Corporation Ltd., Secretariat, Fort St.George, Kamarajar Salai, Chennai - 600 009.

2. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its General Manager, Vellore Region, Vellore - 9.

3. Tamil Nadu State Transport Corporation (Villupuram) Ltd., Rep. by its Branch Manager, Arcot Branch, Ranipet District.

G.K.ILANTHIRAIYAN. J, Lpp

19.03.2024