Madras High CourtWP/34969/2014disposed of

P.Gopalsamy v. The Tamil Nadu State Marketing

2015-02-10Honourable Mr Justice K.K. Sasidharan2 pages

IN THE HIGH COURT OF JUDICATURDE AT MADRAS

Dated: 10.02.2015 Coram The Honourable Mr.Justice K.K.SASIDHARAN W.P.No.34969 of 2014 P.Gopalasamy .. Petitioner vs.

The Tamil Nadu State Marketing Corporation Limited, (TASMAC), rep.by its District Manager-II (Retail Vending) Tiruppur, Tiruppur District .. Respondent Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus to direct the respondent to forthwith reinstate the petitioner in service as a Bar Attender in the TASMAC Wine Shop No.2008 at Pollachi Main Road, Kollam Pattarai, Udumalpet Taluk, by considering and passing orders on the representation of the petitioner dated 15.10.2014. For Petitioner : Mr.K.Selvaraj For respondent : Mr.S.Muthuraj

ORDER

Heard the learned counsel for the petitioner and the Standing counsel for the Tamil Nadu State Marketing Corporation Limited (TASMAC).

2. It is the case of the petitioner that he worked as an employee of TASMAC for several years. He was not permitted to work subsequent to February 2005. According to the petitioner, he was not issued with a charge memo and any other kind of proceedings by the respondent, so as to enable them to prevent him from discharging duty as Bar Attender.

3. The learned Standing counsel for TASMAC, on instructions, submitted that the petitioner left the service on his own and as such, there is no question of considering the representation.

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4. There is nothing on record to show that the respondent passed an order terminating the service of the petitioner on account of his unauthorised absence.

5. The respondent is directed to consider and dispose of the representation of the petitioner, dated 15.10.2014, on merits and as per law, within a period of two months from the date of receipt of a copy of this order.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar Dated:25.2.15 True Copy Sub Assistant Registrar To The District Manager-II (Retail Vending) The Tamil Nadu State Marketing Corporation Limited, (TASMAC), Tiruppur, Tiruppur District +1 cc to M/s.K.Selvaraj, Advocate,SR.7489 +1 cc to Mr.S.Muthuraj, Advocate,SR.7163.

rsi(co) krd 5/3 W.P.No.34969 of 2014 https://hcservices.ecourts.gov.in/hcservices/