A.Viswanathan v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR A.Viswanathan .. Petitioner in W.P.No.26378 of 2023 S.Ramesh .. Petitioner in W.P.No.26381 of 2023
Versus
1.The Government of Tamil Nadu Rep by its Commissioner/ Prohibition and Excise Department Fort St.George, Chennai - 600 009 2.The Managing Director Tamil Nadu State Marketing Corporation Limited (TASMAC) C.M.D.A. Tower-II, 4th Floor Egmore, Chennai - 600 008 3.The Senior Regional Manager TASMAC Limited Anna Salai, Chennai - 600 002 4.The District Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) Kancheepuram (South) Kancheepuram District .. Respondents in both cases Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the District Manager, Tamil Nadu State Marketing Corporation Ltd.(TASMAC), Kancheepuram 1/4
(South), Kancheepuram District/4th respondent to consider the representations dated 18.08.2023 of the petitioners and consequently revoke the suspension order in Na.Ka.No.690/A1/2023 dated 02.08.2023 and reinstate the petitioners as Salesman & Sales Supervisor respectively in Shop No. 4556, Vandalur, Chengalpattu District forthwith continuity of service and back wages. In both cases For Petitioners : Mr.S.Sundaresan For Respondents : Mr.E.Vedabagath Singh for R1 Special Government Pleader Mr.K.Balakrishnan for R2 to R4 COMMON ORDER These writ petitions have been filed seeking to direct the the District Manager, Tamil Nadu State Marketing Corporation Ltd.(TASMAC), Kancheepuram (South), Kancheepuram District to consider the representations of the petitioners dated 18.08.2023 and consequently revoke the suspension order in Na.Ka.No.690/A1/2023 dated 02.08.2023 and reinstate the petitioners as Salesman & Sales Supervisor respectively in Shop No. 4556, Vandalur, Chengalpattu District forthwith continuity of service and back wages.
2. Since, the facts and circumstances of these cases are identical in nature, these cases are disposed of by way of this Common Order. 2/4
3. The case of the writ petitioners are that they were suspended from their service vide the impugned order with effect from 02.08.2023 for the alleged reasons that they were not present in the Shop No.4556 on 30.07.2023 and a third party namely Hemnath was involved in the sale of liquor. Hence, they made representations on 18.08.2023 explaining reasons for their absence and allow them to join their duty, which are pending without consideration till date. Hence, these writ petitions.
4. Heard both sides and perused the materials placed on record. Considering the limited relief sought for in these writ petitions, this Court directs the respondents to consider the representations of the petitioners dated 18.08.2023 in terms of G.O.Ms.No.81, Human Resources Management (N) Department dated 04.08.2022 within a period of two months from the date of receipt of a copy of this Order.
5. Accordingly, these writ petitions stands disposed of. No costs. 29.08.2023 dhk Index:Yes/No Internet: Yes/No 3/4
N.SATHISH KUMAR, J.
dhk To 1.The Commissioner/ Prohibition and Excise Department The Government of Tamil Nadu Fort St.George, Chennai - 600 009 2.The Managing Director Tamil Nadu State Marketing Corporation Limited (TASMAC) C.M.D.A. Tower-II, 4th Floor Egmore, Chennai - 600 008 3.The Senior Regional Manager TASMAC Limited Anna Salai, Chennai - 600 002 4.The District Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) Kancheepuram (South) Kancheepuram District 11.09.2023 4/4