Madras High CourtWP/7779/2024dismissed

S.Natarajan v. The Managing Director

2024-03-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2024

CORAM:

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

Petitioner Vs The Managing Director, Puducherry Road Transport Corporation, No.4, Ayyanar Koil Street, Raja Nagaram, Puducherry - 605 013.

.....

Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondent to re-consider the termination order of the petitioner dated 22.07.2015 and to re-employ the petitioner as a conductor in the service of the respondent by considering petitioner's representation dated 28.03.2022. For Petitioner : Mr.S.Lakshmi Narayanan For Respondents : Mr.R.Sreedhar Additional Government Pleader (Pondy)

ORDER

This Writ Petition has been filed for a direction directing the respondent to reconsider the order of termination dated 22.07.2015. 1/4

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

3. The petitioner was appointed as Conductor on temporary adhoc basis. Thereafter his service was made permanent. While being so, the petitioner submitted a representation seeking Voluntary Retirement from service on 14.12.2011 due to his mother's illness. It was approved by a communication dated 19.01.2012. However, the petitioner was terminated from service by an order dated 22.07.2015. The petitioner submitted a representation in the year 2022 seeking reinstatement him into service. It was not considered. Hence, this writ petition.

4. A perusal of the records reveals that the petitioner was communicated by a letter dated 19.01.2012, which reveals that his application will be considered for Voluntary Retirement. However, the petitioner was not permitted to retire on Voluntary Retirement. The petitioner was absent from the year 2011 unauthorisedly, without submitting any leave application. Therefore, the petitioner was terminated from service by an order dated 22.07.2015. The petitioner did not challenge the same in the manner known to law. After a 2/4

period of seven years, the petitioner submitted a representation seeking reinstatement into service. Therefore, the said direction cannot be granted and the writ petition itself is devoid of merits and it is liable to be dismissed.

5. Accordingly, this Writ Petition stands dismissed. No costs. 25.03.2024 Internet: Yes Index: Yes/No Speaking/Non-speaking order Lpp To The Managing Director, Puducherry Road Transport Corporation, No.4, Ayyanar Koil Street, Raja Nagaram, Puducherry - 605 013.

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G.K.ILANTHIRAIYAN, J.

Lpp 25.03.2024 4/4