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Madras High CourtWP/28806/2025disposed of

M.Rajendran v. The Management

2025-08-06Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN M.Rajendran ... Petitioner Vs.

The Management, Rep.by its the General Manager, Tamil Nadu State Transport Corporation, Salem Limited, Salem Main Road, Dharmapuri.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of mandamus, to direct the respondent to reinstate the petitioner with continuity of service from 27.06.2023 till the date of superannuation on 30.06.2023, with back wages and with all other attendant benefits and retirement benefits.

For Petitioner : Mr.S.Sakthivel For Respondent : Mr.M.Ashwin Standing Counsel

ORDER

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

2.

The instant writ petition has been filed to direct the respondent to reinstate the petitioner with continuity of service from the date of suspension i.e., 27.06.2023 till the date of superannuation i.e., 30.06.2023, with back wages and with all other attendant benefits and retirement benefits. 3.

The case of the petitioner is that, he was working as Driver in the respondent / Management. While so, when the petitioner was due to retire on 30.06.2023, he was issued with the suspension order based on the false complaint that, the petitioner secured employment by producing bogus certificate. Thereafter, departmental enquiry was conducted and subsequently, show cause notice was also issued to the petitioner and thereafter, the respondent / management issued dismissal order to the petitioner on 23.01.2024. In view thereof, the respondent / Management filed Approval Petition in A.P.No.03 of 2024, before the Special Deputy Commissioner of Labour and the same was rejected on 19.05.2025. Hence

the petitioner has sent a representation to the respondent dated 12.06.2025, seeking continuity of service with effect from 27.06.2023 till the date of superannuation i.e., on 30.06.2023, with back wages and other retirement benefits. However, the said representation is yet to be considered by the respondent. Hence the petition.

4.

Learned Standing Counsel appearing for the respondent / management would fairly submit that they would consider the petitioner's representation within a reasonable time.

5.

In view of the above submission of the learned Standing Counsel, without going into the merits of the matter, this Court deems it appropriate to direct the respondent to consider the petitioner's representation dated 12.06.2025 and pass orders on it's own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

6.

In the result, the Writ Petition is disposed of with the above direction. No costs.

06.08.2025 veda Index:Yes/No Speaking order/Non-speaking order To The Management, Rep.by its the General Manager, Tamil Nadu State Transport Corporation, Salem Limited, Salem Main Road, Dharmapuri.

C.KUMARAPPAN, J.

veda 06.08.2025