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Madras High CourtWP/19668/2015disposed of

T.Dhanasekar v. The District Manager

2015-07-06Honourable Mr Justice D. Hariparanthaman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.19668 of 2015 and M.P.No.1 of 2015 T.Dhanasekar ...

Petitioner

Versus

1.The District Manager Chennai South Tamil Nadu State Marketing Corporation Limited (TASMAC) No.B-4, Ambattur Industrial Estate Ambattur, Chennai.

2.The Senior Regional Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) 2nd Floor, LLA Building Mount road, Chennai-2 ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus to call for the records of the 1st respondent relating to the impugned order bearing Ref.Na.Ka.No.124/A2/2008, dated 24.05.2008, which has been confirmed by the 2nd respondent vide his order Sae.Mu.266/2011/A3, dated 16.05.2011 and quash the same, consequently, direct the respondents to reinstate the petitioner in his service as a "Supervisor" in the TASMAC Shop, at Chennai with continuity of service, backwages and all other attendant benefits. For Petitioner :

Mr.P.R.Thiruneelakandan For respondents :

Mr.S.Muthuraj for TASMAC

O R D E R

By consent of both parties, the Writ Petition itself is taken up for final disposal.

2. The petitioner and two others viz., one C.Senthuramani and one E.Elumalai were employed in TASMAC Shop No.676 at Saidapet in Chennai. All of them were removed from service based on the same allegations.

https://hcservices.ecourts.gov.in/hcservices/

3. This Court, by order dated 11.01.2013 in W.P.No.24591 of 2011, has set aside the termination order in respect of C.Senthuramani. Pursuant to the same, the said Senthuramani was reinstated in service by the first respondent by an order dated 13.05.2013.

4. Likewise, this Court passed an order dated 05.11.2014 in W.P.No.7097 of 2013 in the case of E.Elumalai and the termination order in respect of him was also set aside. Pursuant to the same, the first respondent passed an order dated 09.04.2015 reinstating the said Elumalai in service.

5. In these circumstances, I am inclined to set aside the termination order in respect of the petitioner and a direction is issued to the first respondent to reinstate the petitioner within a period of two weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Connected MP is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar nvsri To 1.The District Manager Chennai South Tamil Nadu State Marketing Corporation Limited (TASMAC) No.B-4, Ambattur Industrial Estate Ambattur, Chennai.

2.The Senior Regional Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) 2nd Floor, LLA Building, Mount road, Chennai-2. 1 cc to Mr.S.Muthuraj , Advocate Sr.No.33541 W.P.No.19668 of 2015 sa(co) pmk.14.7.2015 https://hcservices.ecourts.gov.in/hcservices/