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Madras High CourtWP/21029/2025allowed

C.Ulaganathan v. The Managing Director

2025-11-28Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.23764, 23767, 23773 & 23775 of 2025 C.Ulaganathan ... Petitioner in both W.Ps Vs.

1. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Illam, Anna Salai, Chennai - 600 002.

2. The Senior Deputy Manager (HR), Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Illam, Anna Salai, Chennai - 600 002.

3. The Assistant Manager (Personnel), Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Illam, Anna Salai, Chennai - 600 002.

4. The Branch Manager, Crompet Depot-2, MTC, Chennai - 600 044.

5. Neelavannan, Conductor, Employee No.C.52584, Crompet Depot-2, Chennai - 600 044.

... Respondents in both W.Ps.

Prayer in W.P.No.21029 of 2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records and to quash the impugned order in Reference No.47026/BB(4)/MTC/ 2025 dated 19.04.2025 passed by the first respondent and consequently direct the 1 - 4 respondents to reinstate the petitioner by paying allowances and salary from the date of the transfer to till now.

Prayer in W.P.No.21034 of 2025: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records and to quash the impugned order in Reference No.29708/SP(O.Na.)11/MTC/2025 dated 23.04.2025 passed by the second respondent and consequently direct the 1 - 4 respondents to reinstate the petitioner by paying allowances and salary from the date of the suspension to till now.

In both W.Ps.

For Petitioner : Mr.C.Kanagaruju For Respondents : Mr.A.Vinodhraj Standing Counsel COMMON ORDER The Writ Petition in W.P.No.21029 of 2025 has been filed challenging the order dated 19.04.2025 passed by the first respondent thereby transferring the petitioner from Chrompet-2 depot to Saidapet depot. The Writ Petition in W.P.No.210354 of 2025 has been filed

challenging the order dated 23.04.2025 passed by the second respondent thereby suspending the petitioner from the service. 2.

The petitioner had joined in the first respondent corporation as a casual Driver on 30.06.1994 and got permanent on 01.05.1995. The petitioner completed 31 years of service as Driver without any black marks, memo and increment cuts. The petitioner is also an active member of INTUC Driver Conductor Transportation Union representing the plights of the drivers and conductors. When the petitioner was raising an important issue of cleanliness of the toilet room and other issues pertaining to the depot, there was a misunderstanding between the petitioner and the branch manager of Chrompet depot-2 viz., the fourth respondent herein. Thereafter, on 15.04.2025, there was a wordy altercation between the petitioner and the fourth respondent while allotting the route to the petitioner. Utilizing the said circumstances, the petitioner was transferred from the fourth respondent depot to Saidapet depot, by an order dated 19.04.2025. Thereafter, for the very same occurrence, the petitioner was suspended from service on 23.04.2025. Hence, the petitioner filed the present Writ Petitions.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.

On perusal of the counter filed by the second respondent and on the submissions made by the learned Standing Counsel appearing for the respondents, it is revealed that the petitioner quarrelled with the fourth respondent and as such he was suspended from service. However, there was no reason mentioned for the order of transfer, except the administrative reasons. It shows that the order of transfer is nothing but punitive in nature. In order to punish the petitioner, he was transferred from Chrompet depot to Saidapet depot, after the period of four days from the date of alleged occurrence. Thereafter the petitioner was suspended from service after the period of four days from the date of transfer. It shows the vindictive nature of the respondents. Therefore, the order of transfer and the order of suspension cannot be sustained and both are liable to be quashed.

5.

Accordingly, the impugned orders dated 19.04.2025 & 23.04.2025 passed by the respondents are hereby quashed. The second respondent is directed to permit the petitioner to join duty forthwith. It is

made clear that the period of absent i.e., from the date of transfer till the joining, to be treated as leave.

6.

Accordingly, both the Writ Petitions stand allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

28.11.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Illam, Anna Salai, Chennai - 600 002.

2. The Senior Deputy Manager (HR), Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Illam, Anna Salai, Chennai - 600 002.

3. The Assistant Manager (Personnel), Metropolitan Transport Corporation (Chennai) Ltd, Pallavan Illam, Anna Salai, Chennai - 600 002.

4. The Branch Manager, Crompet Depot-2, MTC, Chennai - 600 044.

G.K.ILANTHIRAIYAN. J, rts W.P.Nos.21029 & 21034 of 2025 and W.M.P.Nos.23764, 23767, 23773 & 23775 of 2025 28.11.2025