C.Arivazhagan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8461 of 2015 C.Arivazhagan
...Petitioner
Vs.
1. The Managing Director, TASMAC, Egmore, Chennai - 8.
2. The District Manager, TASMAC Limited, Nagapattinam District.
...Respondents
Prayer:Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the rejection order passed by the first respondent in Na.Ka.No.01/8486/2010 dated 23.11.2010 and quash the same and consequently direct the respondents to accommodate the petitioner as a Salesman in any one of the vacant place at Nagapattinam District.
For Petitioner : Mr.V.Kasinatha Bharathi For Respondents: Mr.N.Damodaran Standing Counsel for TASMAC
ORDER
The order impugned dated 23.11.2010, rejecting the claim of the writ petitioner for reinstatement is under challenge in the present writ petition.
2.The petitioner was appointed as Salesman in the TASMAC Shop. The petitioner has submitted his resignation and thereafter, not attended duty. Thereafter, the petitioner filed W.P.No.2931 of 2010 and this Court directed the authorities to consider the representation. Pursuant to the order, the respondents considered the representation and has stated that the petitioner has resigned his job on 19.03.2007 and thereafter, not attended duty. The writ petitioner was appointed https://hcservices.ecourts.gov.in/hcservices/
as temporary employee in the TASMAC and on account of long absence, the case of the petitioner cannot be considered for reinstatement. Even as per the order impugned, the petitioner remained absent for more than one and a half years (11⁄2) and further, the impugned order was passed on 23.11.2010 and the writ petition was filed after a lapse of about 5 years on 23.03.2015.
3.In view of the facts and circumstances, the writ petition stands dismissed both on merits and on the ground of laches. No costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar kak To
1. The Managing Director, TASMAC, Egmore, Chennai - 8.
2. The District Manager, TASMAC Limited, Nagapattinam District.
W.P.No.8461 of 2015 SKM(CO) RGA(30/06/2022) https://hcservices.ecourts.gov.in/hcservices/