M.Kumar v. The District Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.25035 of 2019 M.Kumar ... Petitioner Vs.

The District Manager, TASMAC Limited, No.24, TASCO Building, Bhavani Main Road, Erode, Erode District, Pin 638 136 ... Respondent Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the representation dated 08.03.2019 followed by reminder dated 03.07.2019.

For Petitioner : Mr.H.Manojin For Respondent : Mr.K.Sathish Kumar Standing Counsel

O R D E R

By consent, this writ petition is taken up for final disposal at the admission stage itself.

The petitioner was appointed as a Salesman in the services of the Tamilnadu State Marketing Corporation Limited [TASMAC] in the year 2003 and while he was working as Salesman in Shop No.3504, on 24.11.2004, a surprise raid was conducted and the petitioner was charged with the allegation of mixing of water and loose sales. The petitioner was dismissed from service along with one N.Ramakrishnan, S.Sivakumar and two others. The grievance of the petitioner is that without providing written order of dismissal or notice, the respondent had terminated the petitioner from service. The petitioner in this regard has submitted a represented 08.03.2019 followed by reminder dated 03.07.2019 to consider his case for reinstatement and though it was received and acknowledged by the respondent, no orders have been passed and hence, the petitioner came forward to file this 1/5 https://hcservices.ecourts.gov.in/hcservices/

writ petition.

The learned counsel for the petitioner submitted that one N.Ramakrishnan, who was terminated along with the petitioner for the same set of allegations, had been reinstated into service, as per order of this Court in WP No.27324 of 2010 dated 01.03.2011 and hence, prays for appropriate orders. 4.

Heard the submission of both sides.

5.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's representation dated 08.03.2019 on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 6.

The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar rka To The District Manager, TASMAC Limited, No.24, TASCO Building, Bhavani Main Road, Erode, Erode District, Pin 638 136 +1 cc to Mr.H.Manojin Advocate sr92101 +1 cc to M/s.K.Sathish kumar Advocate sr91709 W.P.No.25035 of 2019 aa12/12/2019 2/5 https://hcservices.ecourts.gov.in/hcservices/