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Madras High CourtWP/9366/2022dismissed

M.Maadhaiyan v. The Managing Director

2024-01-02Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Maadhaiyan

...Petitioner

-Vs1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem - 636 007.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Respondents to effect, implement of 3rd review benefits and refixation of the Petitioner salary with effect from 01.09.2016.

For Petitioner : Mr.N.Desinghu For Respondents : Mr.K.Raja Standing Counsel

ORDER

This Writ petition has been filed for a direction directing the respondents to effect, implement of 3rd review benefits and refixation of the petitioner salary with effect from 01.09.2016.

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

3. The petitioner had joined service as a Conductor on 10.09.1997. Subsequently, he was promoted as Senior Conductor. While being so, he was served with a charge memo dated 21.01.2002 for misconduct of misusing the passenger tickets on 13.01.2002. After enquiry, he was served with a show cause notice stating that "Why the petitioner salary reduce five stage of basic pay".

4. On receipt of the explanation, final order was passed on 05.09.2002, thereby a punishment of postponement of increment of salary for a period of four years with cumulative effect was imposed. Aggrieved by the same, the petitioner filed an appeal before the first respondent and the first respondent by an order dated 15.12.2016 modified the punishment that increment of salary postponed for two years without cumulative effect. Thereafter, the petitioner submitted a representation for the punishment of modification order seeking third review benefits.

5. The learned counsel for the respondent would submit that so far, except the present charge, the petitioner has been punished for 22 times and the

punishment are as follows:-

6. Therefore, the petitioner is not entitled for the third review benefits.

Hence, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. There shall be no order as to costs.

02.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To 1.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem - 636 007.

2.The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, No.12, Ramakrishna Salai, Salem - 636 007.

02.01.2024