N.Rajaganapathy v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :20.09.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.27899 of 2019 and W.M.P.No.27472 of 2019 N.Rajaganapathy ..Petitioner vs 1.The Managing Director Tamil Nadu State Transport Corporation Salem Division Ramakrishna road Salem-7.
2.The General Manager Tamil Nadu State Transport Corporation Salem Division Ramakrishna road Salem-7.
3.The Branch Manager Erumapalayam Branch-II Tamil Nadu State Transport Corporation Salem Division Salem-15.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to withdraw the order of punishment and repay the deducted amount of Rs.3,500/- deducted from July 2019 month salary of the petitioner and direct the respondent to pass orders on leave application of the petitioner dated 01.07.2019 preferred under 8(1) of Standing Orders of Tamil Nadu State Transport Corporation in accordance with law. For Petitioner : Mr.S.Doraisamy For Respondents : Mrs.Rajini Ramadoss
O R D E R
Writ Petition is filed for issuance of Writ of Mandamus directing the respondents to withdraw the order of punishment and repay the deducted amount of Rs.3,500/- deducted from July 2019 month salary of the petitioner and direct the respondents to pass orders on leave application of the petitioner dated 01.07.2019 preferred under 8(1) of Standing Orders of Tamil Nadu 1/4
State Transport Corporation in accordance with law. 2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. By consent, the writ petition is taken up for final disposal. 3.The case of the petitioner is that the petitioner was appointed as a Conductor in the respondents' Transport Corporation. Due to ill health, the petitioner preferred an application for a medical leave for four days. However, the 3rd respondent refused to grant medical leave, since it was not permitted in person and the petitioner was treated as an absentee from 30.06.2019 to 02.07.2019. Thereafter, the 3rd respondent passed an order of punishment without furnishing a copy of the same imposing a fine of Rs.3,500/- and the same was deducted from his salary. Therefore, the petitioner made a representation dated 26.07.2019 to the 1st respondent. However, till date, petitioner's representation was not considered. Hence, the present writ petition.
4.The learned counsel for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 26.07.2019 and pass appropriate orders within reasonable time.
5. Considering the limited request made by the petitioner, this Court hereby directs the 1st respondent to consider the petitioner's representation dated 26.07.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
6.The writ petition is accordingly disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Kj 2/4
To 1.The Managing Director Tamil Nadu State Transport Corporation Salem Division Ramakrishna road Salem-7.
2.The General Manager Tamil Nadu State Transport Corporation Salem Division Ramakrishna road Salem-7.
3.The Branch Manager Erumapalayam Branch-II Tamil Nadu State Transport Corporation Salem Division Salem-15.
+1cc to Mr.S.Doraisamy, Advocate sr.81239 W.P.No.27899 of 2019 and W.M.P.No.27472 of 2019 br(co) nr 01/11/2019 3/4