P.Sankar Mahendiran v. The Senior Zonal Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.36016 of 2015 P.Sankar Mahendiran ..Petitioner Vs.

1. The Senior Zonal Manager Chennai - Zone, Chennai - 600 002.

2. The District Manager/Deputy Collector Thiruvallur (East) District.

3. The Assistant Manager, I.M.F.S.Depot, Thirumazhisai - I, Tiruvallur District.

.. Respondents Prayer: The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider and dispose of the petitioner's appeal dated 25.09.2015.

For Petitioner : Mr.A.Ilaya Perumal For Respondents: Mr.C.Kasirajan Standing Counsel

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The case of the petitioner is that he was appointed as a Sales Man in the TASMAC Shop No.8839, at Manali on 02.12.2003. While he was returning to his house, he met with an accident on 31.01.2013. Due to the said accident, he got operation in the right leg and he was unable to inform the accident to the respondents corporation and he did not attend the duty. After recovery, he made a representation to the second respondent on 30.05.2014 requesting to permit him to continue the work.

3. In the meanwhile, the second respondent issued charge memo dated 08.04.2015. Based on the enquiry report, the second respondent passed an order of removal from his service on 18.08.2015 by his proceeding in Se.Mu.Ka.No.A6/1486/2014. Aggrieved by the same, he preferred an appeal before the first respondent on 25.09.2015. But, it was not yet considered. Hence, the present writ petition.

4. Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

5. This Court, considering the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondent to consider and dispose of the petitioner's appeal dated 25.09.2015 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

With the above said directions, the writ petition is disposed of. No costs.

Sms Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar To

1. The Senior Zonal Manager Chennai - Zone, Chennai - 600 002.

2. The District Manager/Deputy Collector Thiruvallur (East) District.

3. The Assistant Manager, I.M.F.S.Depot, Thirumazhisai - I, Tiruvallur District.

+1 C.C. To MR.C.Kasirajan, Advocate in SR.NO.61477 +1 C.C. To MR.A.Ilayaperumal, Advocate in SR.NO.61620 W.P.No.36016 of 2015 VD(CO) sd : 11/12/2015