D.Annamalai v. The Management

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN D.Annamalai ... Petitioner Vs.

The Management, Tamilnadu State Transport Corporation (Salem) Ltd., Bharathipuram, Salem Main Road, Dharmapuri - 5.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the representation dated 26.05.2025 and 09.06.2025 and to reinstate the petitioner in service with continuity of service and to pay arrears of salary and other benefits.

For Petitioner : M/s.R.Vishva Priyan For Respondent : Mr.K.Raja Standing Counsel

O R D E R

Mr.K.Raja, learned Standing Counsel takes notice on behalf of the respondent. By consent, the writ petition is taken up for final disposal at the admission stage itself.

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2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondent to consider the representation dated 26.05.2025 and 09.06.2025 and to reinstate the petitioner in service with continuity of service and to pay arrears of salary and other benefits.

3.The instant writ petition has been filed on the ground that the petitioner was terminated from service vide order dated 13.12.2023. It is the contention of the learned counsel appearing for the petitioner that after the termination of the petitioner, when the respondent approached the approving authority namely, Special Joint Commissioner of Labour for approving the dismissal in A.P.No.200 of 2023, the same was dismissed on 17.03.2025. Therefore, the learned counsel would submit that as per the constitutional Bench judgment of the Hon'ble Supreme Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd., Vs. Ram Gopal Sharma and others reported in (2002) 2 SCC 244, the petitioner must be deemed to have been in continuous service. Hence, claiming reinstatement and also for backwages, the petitioner has sent representation on 26.05.2025 and 09.06.2025 and such representation is pending with the respondent. 2/4

4.At this juncture, the learned Standing Counsel would submit that the respondent would consider the petitioner's representation in accordance with law.

5.In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondent to consider the petitioner's representation dated 26.05.2025 and 09.06.2025, in line with the judgment of the Hon'ble Supreme Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd., Vs. Ram Gopal Sharma and others reported in (2002) 2 SCC 244, within a period of four weeks from the date of receipt of a copy of this order, according to its own merits and in accordance with law. 6.The writ petition is disposed of. No costs. 25.07.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

C.KUMARAPPAN,J.

pri To The Management, Tamilnadu State Transport Corporation (Salem) Ltd., Bharathipuram, Salem Main Road, Dharmapuri - 5.

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