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Madras High CourtWP/15615/2008dismissed as infructuous

Jacob, v. The Managing Director,

2018-07-20Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2018

CORAM

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition No.15615 of 2008 Jacob .. Petitioner

Versus

1. The Managing Director, State Express Transport Corporation Ltd., Anna Salai, Chennai - 2

2. The General Manager State Express Transport Corporation Ltd.,Anna Salai, Chennai - 2.

.. Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari after calling for the records pertaining to the order No.294/266188/TL7/SETC/ 2003 dated 29.07.2004 of the 2nd respondent and the order No.256/062293/TL7/SETC/04 dated 04.10.2004 of the first respondent confirming the same and quash the same.

For Petitioner :Mr.V. Ajay Khose For Respondents :Mr. P. Kannan Kumar

ORDER

The petitioner prays to issue a Writ of Certiorari after calling for the records pertaining to the order No.294/266188/TL7/SETC/2003 dated 29.07.2004 of the 2nd respondent and the order No.256/062293/TL7/SETC/04 dated 04.10.2004 of the first respondent confirming the same and quash the same.

2. The petitioner was working in the respondent corporation from the year 1980. Initially he joined as Assistant Tradesman, Technical Post, and he was promoted as senior Tradesman. The petitioner was issued with a charge memo No.294/266188/TL7/SETC/2003 dated 29.07.2004 imposing the https://hcservices.ecourts.gov.in/hcservices/

punishment of reduction in pay from Rs.5010/- to Rs.4,610/- in the scale of pay 3,460-75-440-80-5,490, and that the petitioner would not further earn increments for 10 years and he was also imposed yet another punishment of treating the suspension period as leave. Therefore, the petitioner had filed the appeal before the first respondent and the first respondent has rejected the appeal on 04.10.2004 without assigning any reason. The representations submitted by the petitioner on 10.05.2005 and 15.02.2007 were not considered by the first respondent. Hence, the petitioner having no other alternative has approached this Court by way of this petition.

4. Mr.P.KannanKumar, the learned counsel for the respondents would submit that the petitioner retired from services and died which is also acknowledged by the learned counsel for the petitioner. The learned counsel for the respondents further submit the the pension and other benefits have been granted to the petitioner's wife and she is receiving the family pension.

5. In view of the above statements made by the learned counsel for the petitioner and learned counsel for the respondents, nothing survives in this Writ Petition and hence, the writ petition is dismissed as having become infructuous. No costs.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar smn To

1. The Managing Director, State Express Transport Corporation Ltd., Anna Salai, Chennai - 2

2. The General Manager State Express Transport Corporation Ltd.,Anna Salai, Chennai - 2.

+1 CC to Mr. P. Kannan Kumar, Advocate sr 49069. Writ Petition No.15615 of 2008 RJI(CO) SP(27/09/2018) https://hcservices.ecourts.gov.in/hcservices/