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Madras High CourtWP/10288/2024allowed

Mr.G.Rathinam v. Administration

2026-03-02Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA Mr.G.Rathinam (conductor C5866), S/o.Govindaswamy, Mukkarampalli, K.Ettipatti Post, Uthankarai Taluk, Dharmapuri District 635306.

..Petitioner(s) Vs Administration Tamil Nadu Transport Corporation (salem) Limited, Bharathipuram, Salem Main Road, Dharmapuri 5. ..Respondent(s) Prayer:-Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondent herein to consider the petitioner representation dated 27.09.2023. For Petitioner(s):

Mr.G.Saibaba For Respondent(s):

R-1 Served- No appearance.

ORDER

This Writ Petition has been filed for the following reliefs:- " directing the respondent herein to consider the petitioner representation dated 27.09.2023."

2. The petitioner's case is that he joined the services of the respondent Corporation as a Conductor on 24.08.1994. On 06.06.2016, all of a sudden, the petitioner suffered paralysis affecting his right hand and leg. Due to this sudden paralytic attack, the petitioner had to remain absent from work for 166.5 days.

3. Thereafter, on 15.11.2016, the petitioner appeared in person for an enquiry at the Zonal Office and expressed his inability to continue his work as a Conductor. Subsequently, on 17.11.2016, after the conclusion of the enquiry, as per the advice of the investigating officer, the petitioner had applied for Voluntary Retirement Scheme (VRS). As his application was misplaced, he again applied for VRS on 20.04.2017 along with all the required documents. Since no action was taken on the petitioner's application, in July 2019, during a meeting conducted by the Salem Division Branch Office, the petitioner sought clarification regarding his VRS application and also submitted an application requesting for extension of service till 31.03.2020. Despite all this, his request was not considered by the respondent.

4. While so, the respondent had dismissed the petitioner from service on 24.02.2020. However, the respondent's Approval Petition in AP.No.6 of 2020 seeking confirmation of the petitioner's dismissal was dismissed by the Joint Commissioner of Labour on 25.01.2023. Pursuant to this order, the petitioner had sent a detailed representation seeking release of the pending payments including gratuity, salary and provident fund. However, till date, the same has not been considered. Hence, the present Writ Petition.

5. Heard the learned counsel for the petitioner and perused the records. The respondent though served has not entered appearance.

6. In view of the order passed in AP No. 6 of 2020, which remains unchallenged to date, the respondents are directed to take steps to immediately disburse the petitioner's pending eligible benefits including Gratuity, Salary, Provident Fund, and other dues, within a period of three weeks from the date of receipt of a copy of this order. No costs.

02-03-2026 Index: Yes/No Speaking/Non-speaking order SHR

P.T.ASHA J.

SHR To Administration Tamil Nadu Transport Corporation (salem) Limited, Bharathipuram, Salem Main Road, Dharmapuri 5. 02-03-2026