A.Srimurugan, v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.08.2018 Coram THE HON'BLE MR.JUSTICE SATRUGHANA PUJAHARI Writ Petition No. 19645 of 2018 A.Srimurugan

...Petitioner

Vs.

1. The Managing Director The State Metropolitan Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.

2. The Senior Deputy Manager (Employees), The State Metropolitan Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the second respondent herein to allow the petitioner to join duty and discharge his function as Conductor in accordance with the order of reinstatement passed by the second respondent herein in his proceedings order.Memo.No.1876/US(DA)/15/MTC/2018 dated 22-032018. For Petitioner : Mrs. G.Bala and Daisy For Respondent : Mr. Rajeni Ramadass and Mr.C.P.Senthil Sujatha

O R D E R

Heard Mrs. G.Bala and Daisy, the learned counsel appearing for the petitioner and Mr. Rajeni Ramadass, who accepts notice on behalf of the respondents. With the consent of the learned counsel on either side, this Writ Petition is taken for disposal.

2.

The grievance of the petitioner, in this Writ Petition, is that though he was put under suspension, but, subsequently, the suspension order was revoked by order dated 22.03.2018. Inspite of revocation of such order, he has not been given posting to any particular post, and as such, not receiving any salary. In this regard, though he has made representation to the first respondent on 30.03.2018, but the same is not attended to. Hence, he has filed this Writ Petition seeking a direction https://hcservices.ecourts.gov.in/hcservices/

to the first respondent to pass an order with regard to his posting. However, during the course of hearing, it is submitted by the learned counsel for the petitioner though the petitioner has sought for the aforesaid relief, but it would be suffice, if his representation is directed to be disposed of by the first respondent within a stipulated period in accordance with law.

3. Mr.C.P.Senthil Sujatha, the learned junior counsel appearing for Mr.Rajeni Ramadass, the learned counsel for the respondents would submit that the respondents would have no objection for consideration of such representation within the time, as directed by this Court.

4. Considering the aforesaid facts and the submissions made, this Court disposes of this Writ Petition in the absence of counter affidavit, directing first respondent to take an informed and considered decision on the representation of the petitioner dated 30.03.2018 within a period of two weeks from the date of receipt of the copy of this order, but, keeping in mind that the suspension order passed against the petitioner having been revoked, as stated supra, he is entitled to be accorded suitable posting and salary.

4.

With the aforesaid order, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sd To

1. The Managing Director The State Metropolitan Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.

2. The Senior Deputy Manager (Employees), The State Metropolitan Transport Corporation, Pallavan House, Anna Salai, Chennai - 600 002.

+ 1 cc to Mr. G. Bala & Daisy, Advocate SR.52334 + 1 cc to Mr. S. Rajeni Ramadass, Advocate Sr.52920 Writ Petition No. 19645 OF 2018 (CS-IX) EU(21/08/2018) https://hcservices.ecourts.gov.in/hcservices/